HomeMy WebLinkAboutPR 14769: REDWINE FAMILY PARTNERS, LTD - ACCEPTANCE OF ANCHOR DRIVE EXTENSION~_
PUBLIC WORKS DEPARTMENT
J COUNCIL ACTION MEMO
TO Stephen B. Fitzgibbons, City Manager
FROM John A. Comeaux, P.E., Director of Public Works
SUBJECT P.R. #14769 -Acceptance of Anchor Drive Extension
DATE June 10, 2008
RECOMMENDATION:
I recommend that the City Council approve Proposed Resolution No. 14769, accepting an
Engineer's Certificate of Completion, Contractor'sCertificate and Release, and Contractor's
Certificate of Guarantee; and issuing Certificates of Acceptance for public infrastructure for
Anchor Drive extension. '
BACKGROUND:
All proposed roadway, drainage, water, and sanitary sewer improvements for Anchor Drive
extension have been constructed according to the approved plans, and payment has been
made for the installation of the required streetlighting. 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.
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. 14769, accepting. an
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
Anchor Drive extension.
.~
~/CJohn A. Comeaux, P.E.
Director of Public Works
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P.R. 14769
06/10/08 reb
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF THE
CONTRACTOR'S CERTIFICATE AND RELEASE AND CONTRACTOR'S
CERTIFICATE OF GUARANTEE FROM REDWINE FAMILY
PARTNERS, LTD. FOR ANCHOR DRIVE EXTENSION. 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 Anchor Drive extension, an Engineer's
Certificate of Completion, dated April 15, 2008, from Stanley G. Newsome, Jr., P.E.
(attached as Exhibit "A'~, a Contractor's Certificate and Release, dated May 8, 2008,
from Redwine Family Partners, Ltd. (attached as Exhibit "B'~, and a Contractor's
Certificate of Guarantee, dated May 8, 2008, from Redwine Family Partners, Ltd.
(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 COUNCYL 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 Redwine Family Partners, Ltd. for the public
infrastructure improvements associated with Anchor Drive extension, attached and
made a part hereof as Exhibit "D"; and,
P.R. 14769
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: Mayor:
Councilmem
meeting of the City of Port Arthur, Texas by the following vote:
Mayor
Attest:
City Secretary
APPROVED FOR ADMINISTRATION:
Stephen Fitzgibbons
City Manager
~~~ ~
Kelly EI ridge
Director of Utility Operations
APPROVED AS TO FORM:
City Attorney Cp BC }i~ L ~ Q F~
9 4~~~~~
r~John A. Comeaux, P.E. '
Director of Public Works
Z: \engineer\Documents\Resolutions\PR14769.doc
EXHIBIT A
Stanley G. Newsome, Jr., P.E. 3737 Doctors Drive
Consulting Engineer Port Arthur, Texas 77642
enewsome~Net.rr.com
Phone:409-983-2004,ce11409-718-0612
Fax:409-983-2005
April 15, 2008
City of Port Arthur
P.O. Box 1089
Port Arthur, Texas 77641-1089
Attn: Mr. Ross Blackketter, P.E.
Re: Approximately 650 feet of Anchor Drive, south of Jimmy Johnson Drive
ENGINEERS CERTIFICATE
Gentlemen:
I, Stanley G. Newsome, Jr., P.E., hereby certify that the above referenced Anchor
Drive and appurtenances were constructed in general conformance with the approved
plans and specifications.
We request that this infrastructure be accepted by the City of Port Arthur. Should you
have any questions, please call.
Respectfully submitted,
S ey G. Newso e, Jr., P.E.
c.
Dale Watson
Mr. Kelly Eldridge
Redwine Family Partners, Ltd.
d~
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A' o~~
(1 ~N
EXHIBIT B
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: Redwine Family Partners, Ltd.
(Name of Contractor)
Public Agent)
REFERENCE CONTRACT NO. NA ENTERED INTO THE
DAY OF
BETWEEN THE
CITY OF PORT ARTHUR OF JEFFERSON COUNTY, TEXAS
AND Redwine Family Partners Ltd.
(Name of Company)
OF 2114 Lee, Nederland, Texas 77627
(CITY) (STATE)
FOR THE construction of water sewer street and storm sewer
(Name of Operations)
OF THE Aparoximately 650 feet of Anchor Drive south of Jimmy Johnson Drive.
(Name of Project) (Prol~~)
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
The undersigned hereby certfies that there is due from and payable by the Local
Public Agency to the Contractor under the contract and duly approved Change
Orders and mod cations 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)NA
(b)
Page 1 of 3
(c)
(d)
(Itemize claims and amounts due) (if none, so state)
The undersigned further cert~es 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.
4. 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 mod cation
or change thereof.
5. 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 Redwine Family Partners, Ltd.
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 G- day of , 20_Qr7
~ ~.~ 6~~ (SEAL)
(Contractor)
Page 2 of 3
(Signature and Title of Officer)
T~,w~ ~ ~eO~wnG ,being first duly sworn on oath, deposes and says,
(A~f rant)
first that he is the f~/"~,S~~~G~ of the
(Title)
Redwine Famil
Partners, Ltd.
(Name of Company)
second, that he has read the foregoing certificate by him subscribed as
f~CB .iC~~ of the
(Title)
Redwine Familv Partners. Ltd.
(Name of Company)
Affiant further states that the matters and things stated herein are true.
(Affiant)
20ubs~~ribed and sworn to before me this _ day of~~~
/ ~~~ o~~ BRET RANDALL LITCHFIELD
My commission expires Z ~ ~ ° My Commission Expires
(Date) °~+,~~,e~ Faanr~yi®,ao>> ~
(Notary) ~~~'v'
r~.~~~
Page 3 of 3
EXHIBYT C
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: Redwine Family Partners. Ltd.
(Name of Contractor)
TO: City of Port Arthur
(Local Public Agent)
REFERENCE CONTRACT NO. N/A ENTERED INTO THE
DAY OF ,BETWEEN THE
CITY OF PORT ARTHUR OF JEFFERSON COUNTY, TEXAS.
AND Redwine Familv Partners Ltd.
OF 2114 Lee, Nederland, Texas 77627
(CITY) (STATE)
FOR THE construction of water, sewer, street and storm sewer
(Name of Operations)
OF THE Approximately 650 feet of Anchor Drive south of Jimmy Johnson Drive
(Name of Project)
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
Redwine Familv Partners, Ltd.does hereby guarantee all of the work done underthe
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.
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.
This Certificate is given in connection of the final payment under the contract
befinreen 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
Page 1 of 2
contained in this affidavit.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument
this ~ day of /,!/.r , 20Q$.
(SEAL).
~ ~~~~
(Signature and Title of Officer)
~Q vId ~2l~LU.i/1~ ,being first duly sworn on oath, deposes and says,
(Affiant)
first, that he is the ~/'BSi~,~~ of the
(Title)
Redwine Family Partners, Ltd.
(Name of
second, that he has read the foregoing certificate by him subscribed as
~/"P..fi r'r~~ of the
(Title)
Redwine Family Partners, Ltd.
of Company)
Affiant further states that the matters and things stated herein are true.
(Affiant) Subscribed and sworn to before me this ~~ day of
2008
My commission expires ~ ~J /~ r ~ BRET AANDALL LITCHFIELDE
(bate) MY Commission Expires F
~F'~ FebNery 18, 2017 EE
7
(Notary)
Page 2 of 2
EXHIBIT D
CERTYFYCATE OF ACCEPTANCE
FOR
Completion of Streets, Drainage, Water, Sewer, and Other Public
Infrastructure for Anchor Drive extension
IN THE
CITY OF PORT ARTHUR
T0: Anchor Drive extension, L.L.C.
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 Anchor Drive extension, 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
David Redwine, of Redwine Family Partners, Ltd.
Stephen B. Fitrgibbons
City Manager
Attest:
City Secretary