HomeMy WebLinkAboutPR 14793: GREENHILL PARK PHASE IIPUBLIC WORKS DEPARTMENT
COUNCIL ACTION MEMO
TO Stephen B. Fitzgibbons, City Manager
FR~M John A. Comeaux, P.E., Director of Public Works
SUBJECT P.R. #14793 -Acceptance of Greenehiil Park Phase II
DATE June 25, 2008
REC~MMENDATION;
I recommend that the City Council approve Proposed Resolution No.14793, accepting an
Eng~ne~r's Certifcate of Completion, Contrac~or's Certificate and Release, and Contractor's
~ Certifcate of Guarantee; and issuing Certificates of Acceptance for public infrastructure for
Greenehill Park Phase II,
BACKGROUND:
AII proposed roadway, drainage, water, and sanitary sewer improvements for Greenehill
Park Phase II 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 0 erations De artments have inspected these improvements
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and found them to be in accordance with City standards.
BU DG ETARY/ FISCAL EFFECT:
None.
EMPLOYEE/STAFF EFFECT:
City staff will assume operation and mair~tenance of these improvements after the initial
guarantee period.
SU M MARY
I recommend that the City Council approve Proposed Resolution No.14793, accepting an
En ineer's Certificate of Completion, Contractor's Certificate and Release, and Contractor's
9
Certifcatz of Guaranfiee; and issuing Cer~ifcates of Acceptance for public infrastructure for
Greenehill Park Phase II.
~
. .
~(~]ohn A. Corneaux, P.E.
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Director of Public Works
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Z:~engineer\documents~CAMS\Greenehill Ph II Accept.doc
P. R,14793
06/25/08 reb
RESOLUTI~N N0.
A RESOLUTiON AUTH~RIZING ACCEPTANCE OF THE
CONTRACTflR'S CERTIFICATE AND RELEASE AND CONTRACTOR'S
CERTIFICATE OF GUARANTEE FROM EXCAVATORS AND
,
CONSTRUCTORS, LTD. FOR GREENEHILL PARK PHASE II AND
AUTHORIZING THE CITY MANAGER T0 SIGN THE CERTIFICATE
OF ACCEPTANCE ON BEHALF OF THE CITY OF PORT ARTHUR,
TEXAS,
WHEREAS, the City has received for Greenehill Park Phase II, an Engineer's
Certificate of Completion, dated May 30, 2008, from WiUiam V. ~arrain, P.E. (attached
as Exhibit "A"}, a Contractor's Certificate and Release, dated ]une 9, 2008, from
Excavators and Constructors, Ltd. (attached as Exhibit "B"}, and a Contractor's
Certificate of Guarantee, dated ~une 9, 2008, from Excavators and Constructors, Ltd.
(attached as Exhibit "C"), certifying that the public infrastructure improvements have
,
been completed; and,
WHEREAS, representatives from the Public Works Departrnent 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
ARTH U R:
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
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Port Arthur a Certi~cate of Acceptance to Greenehill Park Phase II, LLC for the public
-
infrastructure improvements associated with Greenehill Park Phase II, attached and
mad~e a~ part hereof as Exhibit "D''; and~,
P. R. 14793
~ 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:
Councilmembers,
meeting of the City of Port Arthur, Texas by the following vote.
Noes.
Attest:
City Secreta ry
1
APPROVED FOR ADMINISTRATION:
Stephen B. Fitzgibbons
City Manager
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~ Kell Eldrid e
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Director of Utility Operations
Mayor
APPROVED S TO FOR :
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City Attorney
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Joh A. Comeaux, P.E.
Director of Public Works
Z:lengineer~Documen~s~Resolutions~PR14793.doc
EXHIBIT A
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ENGINEERS CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT: Greenehill Park Phase II Subdivision
DATE OF ISSUANCE: May 30, 2008
OWNER: Greenehili Park Phase ll, LLC
PROJECT Reference Number: d.p. No.107-20
ENGINEER: d.p. Consulting Engin~ers, Inc.
CONTRACTOR: Excavators and Constructors, LTD
This Eng`ineers Certificate of Substantial Completion certifies that improvements have been
made in accordance with his plans and specifications, and/or modifications thereto, as specified
in City of Port Arthur Subdivision Ordnance Sec. 98-62 Acceptance.
To. Ci#v of Port Arthur
To: Greenehill Park Phase II, LLC .__
Owner
And to: Excavators and Constructors, LTD
Contractor
Authorized represen~atives of the Owner, Contractor and Engineer have inspected the work for
which #his Certificate applies, and the Work is hereby declared to be substantially complete in
keeping with the Contract Documents on:
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Mav 30, 2008
.
DATE OF SUBS7AN~TIAL COMPLETION~
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d.p. job No. 107-20
Page 1 of 2
A list of items to be completed or corrected is attached h~reto. This list may not be all-inclusive,
and the faifure to include a particular item in it does not alter responsibility of the Contractor to
complete all wo~k in accordance wi#h the Contract Documents. The items in the checklist shall
be completed or corrected by the Contrac#or within thirty (30} days after the date of issuance as
specified above. .
From the date of Substantial Completion, the responsibilities between the Owner and Contractor
for security, operation, safety, maintenance, utiliti~s, insurance, warranties and guaranties, etc.
shall remain as outlined in the contract documents.
The following documents are attached to, and made a part of, this certificate;
SUBSTANTIAL COMPLETION INSPECTION CHECK LIST
1} lnstall silt fence barrier at inlets until grass grows.
2~ Hydrostatic test Sanitary Sewer Manholes.
This certif cate does not constitute an acceptance of Work, not in accordance with the Contract Documents, nor is it
a release of the Contractors obligation to complete the Work in accordance with the Cont~act Documents.
.
Executed on this
day of May 2008.
30th
d.p. Consulting Engineers, Inc. ~~~,~;~~~
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Attendees were: .
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City of Port Arthur
Ross Blackketter, P. E.
Charles Shajari, Egr II
Kelly Eldridge, Dir, Of Util. Ops.
Cedric Clayton, Brian Smith; &
Jerome Hudson
~xcavators & Constructors, LLC.
Jerry Braxton
Jay Braxton
David Grey
Page 2 of 2
d.p. Consultinq Engineers, Inc.
William V. Larrain, P.E.
Owner
-
Ramon Hill
d~.p. job No. 107-20
EXHIBIT B
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d'.p.CONSULTING
ENGINEERS, INC.
3727 DOCTORS DRIVE
P.O. DRAWER 2110
PORT ARTHUR, TEXAS 77642
PHONE (409}983-6263 ~
^ FAX (409}983-6265
CONTR~4CT4R'S CERTIFICATE AND RELEASE
FR~M: Excavators and Contractors, LTD
T0: Greenehill Park Phase II, LLC
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REFERENCE C~NTRACT N0. d.p. No.107-2Q ENTERED INT~ THE
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BETUVEEN
DAY ~F December 2007,
Greenehill Park Phase II, LLC
AND
Excavators and Contractors, LTD
_...._..
OF Port Arthur, Texas
FOR ~HE Greenehili Park Phase II Subdivision
LOCATED IN THE CITY QF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
~. The undersigned hereby certifes that there is due from and payable by the Owner
to the Contractor under the contkact and duiy approved Change Qrders and
modifcations #he balance of $392s649.35
2. The undersigned further certi~es 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;
. Page 1 of 3
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~itemize claims and amounts due) (if none, so state)
3. The undersigned further certities 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 tnat 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 thatthe wage rates paid
by #he Contractor and al1 Subcontractors were in conformity with the contract
provisions relating to said wage rates.
4. Except for~#he amounts stated under paragraphs 1 and 2 hereof, the undersigned
has received firom the Owner all surns of money payable to the undersigned under
or pursuant to the above mentioned contract or any modification or change thereof.
5. That in consideration of the payment of #he amount stated in paragraph 1 hereof the
undersigned does hereby release Greenehill Park Phase II, LLC from any and all
claims arising under or by virtue of this contract, except #he amount listed in
paragraph 2 hereof; provided, however, that if for any reason Greenehill Park Phase
II, LLC 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 Con#ractor further certifies
that upon the payment of the amount Iisted in paragraph 2 hereof, and of any
amount which may be deducted from paragraph 1 hereof, he will release Greenehill
Park Phase 11, LLC from any and all claims of any nature whatsoeverarising out of
said contract or modification thereof, ~and will execute such further re~eases or
assurances as Greenehill Park Phase II, LLC may request.
Page 2 of 3~~
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument
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this ~-; i~. da of ~.~~~~1~~ , 20 ~'`'~ .
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(SEAL)
Contractor)
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(Signa re and Title of Officer)
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,~~~~-~ ~ '~ , being f~rst duly sworn on oath, deposes and says,
(Affiant~
first that he is the ~~; ~~~ ti~~ `~---- of the ~
(Title)
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(Name of Company}
second, that he has read the foregoing certificate by him subscribed as.
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of the
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of Cornpany)
Affiant further states that #he matters and things stated herein are true.
(Aff ia nt)
' re me this ~~} ~~- da of ~~~~~~
Subscribed and sworn to befo 1 y
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My commission expires ~~ ~ '~" ~ .~.`~` '.
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(Date}
P~age 3 of 3
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Notar~~} ,, ; ; ~:~" ~-;~~ ; ;,~;~ ~.~---~.
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~ _~~~ ~~~ ,MARILYN HAYDEN F
EVERJEAN :
~ ~ ' My Comrnission Expires
~ ~q~~~, Fehruary 06, 2Q11
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EXHIBIT C
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d'.p.CONSULTING
ENGINEERS, 1NC.
3727 DOCTORS DRIVE
P.O. DRAWER 2110
PORT ARTHUR, TEXAS 77642
PHONE (409)983-fi2fi3
^ FAX (409)983-6265
CONTRACT~R'S CERTIFICATE OF GUARANTEE
FROM: Excavators and Contractors, LTD
T0: Greenehill Park Ph~ase 11, LLC
REFERENCE CONTRACT N0. d.p. No.107-20 ENTERED INTU THE
1lth DAY OF December 2001, BETWEEN ~
Greenehill Park Phase II, LLC
AND
Excavators and Contractors, LTD
~F Port ArthurL Texas
F4R THE Greenehill Park Phase Ii Subdivision
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
1. Excavators and Contractors, LTD does herebyguarantee all of thework done under
the above referenced con#ract to be free from faulty ma#erials 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-exe~ution.
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 C~f~TI~ICATE 0~
SU~STANTIAL C~MPLETI~Nf.
Page 1 of 2
3~. This Certificate is given in connection of the final payment under #he contract
between the Greenehill Park Phase II, LLC and Excavators and Contracfors, LTD
with the knowledgethati#will be relied upon in making such paymentand thatsuch
payment would not be rnade except upon the truth of the matter contained in this
affidavit.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument
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this ~,~-~ ~ day of ~_)~~~~~ , 2~=~~
(SEAL}
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(Affiant}
first, that he is the ~' v~~~-~_____. of the
~Title)
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L k: r./_~; ; ~"; ~ r~ ~ ~ (_ ;~ ~u~' ~ % f;~'C' C i~..~i;:. ~ , ~--- ~ `~'~
(Name of Company)
second, that he has read the foregoing certificate by him subscribed as
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Affiant further states that the matters and things stated herein are true.
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(Affiant) Subscribed and sworn fo before me this ,- ~ ~~ day of
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My commission expires „_
(Date)
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, o~P~Y p~a~, ,MARILYN HAYOEN FEVEAJEAti! ~ ~
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w z My ~ommission Exp! ;~~
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Page 2 of 2
EXHIBIT D
`
CERTIFI~ATE OFACCEPTANCE
F~R
Com letion of Streets, Drainage, Water, Sewer, and Other Public
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Infrastructure for Greenehill Park Phase II
IN THE
~TY OF PORT ARTHUR
C
T0: Greenehill Park Phase II, L.L.C.
This is to certify tha~ the City of Port Arthur, Texas, accepts the completion of the
streets, drainage system, water lines, sanitary sewer Iines, and other public
infrastructure for Greenehill Park Phase II, on the basis of the Engineer's Certificate of
Com letion as executed b William V, larrain, P.E.; and the Contractor's Certificate of
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Guarantee and Contractor's Certificate and Re~ease, both as executed by M, J. Braxton,
of Excavators and~ Constructors, Ltd.
Stephen B. Fitzgibbons
City Manager
Attest:
City Secreta ry