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Home My WebLink AboutPR 14970: CAMELLIA PLAZAMEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Stephen Fitzgibbons, City Manager FROM: Ross E. Blackketter, P. E., Director of Public Works G//~~' 'Q DATE: December 23, 2008 SUBJECT: Proposed Resolution No. 14970 COMMENTS I recommend that the City Council approve Proposed Resolution No. 14970, which accepts the Engineer's Certificate of Completion, Contractor's Certificate of Guarantee, and Contractor's Certificate and Release for the completion of public improvements to include Water & Sewer Facilities to serve Camellia Plaza. I understand that a plat of this development is also ready for approval that provides the City easements and/or right-of--way to operate and maintain this infrastructure. BACKGROUND Camellia Plaza, LP developed a tract of land for the construction of commercial development along Hwy. 73 and West Port Arthur Road. A plat of the development grants the City easements and/or right-of--way for the water and sewer system utilities. Their contractor, William Construction & Equipment, Inc., subsequently performed this work in accordance with City Standards 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 Standards. SUMMARY Approval of Proposed Resolution No. 14970 is recommended. P.R. Na. 14970 12/23/08 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 CAMELLIA PLAZA, LP FOR THE COMPLETION OF THE PUBLIC WATER & SEWER IMPROVEMENTS SERVING CAMELLIA PLAZA, AND AUTHORIZING THE CITY MANAGER TO SIGN THE CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE CITY OF PORT ARTHUR, TEXAS. WHEREAS, Camellia Plaza, LP planned and developed a tract of land for the purpose of constructing a commercial development; and, WHEREAS, Camellia Plaza, LP granted water and sewer utility easements and/or right-of- way for these public improvements in the Final Plat of Camellia Plaza; and, WHEREAS, Camellia Plaza, LP contracted with Williamson Construction & Equipment, Inc. 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 October 28, 2008 from Arceneaux & Gates Consulting Engineers, Inc. certifying that the water and sanitary sewer systems in the project have been completed according to City Standazds, copy attached hereto and made a part hereof as Exhibit A, together with a Contractor's Certificate and Release (Exhibit B) executed by Jim Dubose, Secretary of Williamson Construction & Equipment, Inc., and a Contractor's Certificate of Guarantee (Exhibit C) executed by Douglas Lam, Manager of Camellia P.R No. 14970 12/23/08 Page 2 Plaza, LP; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the City Manager of the City of Port Arthur is hereby authorized to 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 infrastructure. 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 Regulaz Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers: NOES: Debris Prince Mayor ATTEST: APPROVE AS TO FORM: Terri Hanks Mazk Sokolow ~ ~~~ ~) City Secretary City Attorney APPROVED: ~~ Stephen Fitzgibbons Ross E. Blackketter, P. E. City Manager Director of Public Works EXHIBIT A ENGINEER'S CERTIFICATE OF COMPLETION Project: RATER AND SANITARY SEWER SYSTEMS SERVING CAMELLIA PLAZA Date Of Issuance: OCTOBER 28, 2008 Owner(s): CITY OF PORT ARTHUR AND PORT ARTHUR CAMELLIA PLAZA, L.P. Owner's Project No.: DHS-030, Contract No. 1 Engineer: ARCENEAUX & GATES CONSULTING ENGINEERS, INC. Contractor: CAMELLIA PLAZA, L.P./WILLIAMSON CONSTRUCTION & EQUIPMENT, INC. This Engineer's Certificate of Completion applies to all Work under the Contract Documents or to the following specified parts thereof: WATER AND SANITARY SEWER SYSTEMS TO CITY OF PORT ARTHUR AND CAMELLIA PLAZA, L.P. ~OWNER~ AND TO CAMELLIA PLAZA, L.P./WILLIAMSON CONSTRUCTION & EOUII'MENT, 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 OCTOBER 28.2008 DATE OF COMPLETION Executed by Engineer on G->Ld~pr ~ , 2008 w SSfttOFTFj,~1f~ *;' ~ •.*' ~j oi, 50052 fff~~: ~!CENSE BY: tt ~ONALE ARCENEAU C ~ GATES CONSULTING~1 GINEERS, INC. ~ [S~` 1/1 EXHIBIT B CONTRACTOR'S CERTIFICATE ANO RELEASE FROM: WILLIAMSON CONSTRUCTION & EQUIPMENT INC. _ tname of Com2ctor) TO: CAMELLIA PLA7J+. L.P. I~'1 KNOW ALL MEN BY THESE PRESENTS: 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 No and no1100 Dollars (S 0 001 2. The undersigned further certifies [hat in addition to the .amount set forth in Paragraph 1, there are outstanding and unsettled the following items which he claims aze just and due and owing by the Owner to the Contractor: (a) None (b) None (c) None (d) None (Memiae claims and amoums Evel III 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 azising out of the performance of [his 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 Ovrtter all sums of money payable to the undersigned under, or pursuant to, the above .mentioned contract or any modifications or change thereof. 5. That in consideration of the payment of the amount stated in Pazagraph 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 Pazagraph 2 hereof due from the Owner; provided, however, that if for any reason the Owner does not pay in full the amount stated in Pazagraph 1 hereof, said deduction shall not affect the validity of this release, but the amount so deducted shall be automatically included under Pazagraph 2 as an amount which the Contractor has no[ released but will release upon payment thereof. The Contractor further certifies that upon the payment of the amount listed'in Pazagraph 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 W~NESS WHEREOF, the undersigned has signed and sealed [his instrument this zZ day of ~ E3'c=tr'~[Z - , 2008. WILLIAMSON CONSTRUCTION & EQUIPMENT, INC. (commdor) 1n/ ~l [SEAL, BY: (Signafu, and TAle of ONicer) <~ vv~ ~ k~-rP being first duly swam on oath, deposes and says, first, that '(Atfanq he is the of- WILLIAMSON CONSTRUCTION & EQUIPMENT INC. (Tillel (Name of Company) second, that he has read the foregoing certificate by him subscribed as ~J_',"~4p_1f1 iQ/~~\ of WILLIAMSON CONSTRUCTION & EQUIPMENT', INC. (Name of Compairy) Affiant further states that the matters and things stated herein are we. ~ e. (AYmm) Subscribed and sworn to before me this ~ day of ~./~.AO ( ~, 20~. My commission expires !~- 3~r~~j l~/~ (Date -~v~FLELIE DORAK€ ~,% NOTHPV aUBL L a eo: L'Zs l m sp. p3 292011 (SEALI ~.b ~~~~ nom) ( ofary Public) EXHIBIT C CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM: CAMELLIA PLA7A. L.P. TO: CITY OF PORT ARTHUR . POR: \VATER AND SANITARY SEWER SYSTEMS s~sRVwc CAMELLIA PLAZA KNOW ALL MEN BY THESE PRESENTS: CAMELLIA PLA7_A. L.P. does hereby guazantee all of [he work done under the above referenced contract to be free from faulty materials- in every particulaz, and free from improper workmanship, and against injury from proper and usual wear and agrees to replace or re-execute without cost to the Owtter 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 orre-execution. 2. This guarantee shall cover a period of one (l) yeaz from the date of acceptance of all work under this Contract, as evidenced by the Engineer's Certificate of Completion. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this 2Z°`Fday of ~--~~~,/~~2 , 2008. [CORPORATE SEAy CAMELLIA PLAZA, L. P. (eomraaop BY:' ~ f I/2 t~~l~ ~/h-lJ ,being first duly swom on oath, deposes and says, first that he is second. that he has read the foregoing certificate by him subscribed as Affiant further states that the matters and things stated herein are true. ,~~ ~z~ (Aflunt~ Subscribed and swom to before me this day of ~[~ ~) , 20~ vly commission expires [~ Jr ~~1 /~°~~ (Date) ~ ~ ~F i 1 !. <r i ~' r,~n.T~ =_rp.2 ;-25-2011 (NOdryPUblic) ~~~ EXHIBIT D CERTIFICATE OFACCEPTANCE FOR Water & Sewer Facilities to Serve the CAMELLIA PLAZA Commercial Development For Camellia Plaza, LP and Williamson Construction & Equipment, Inc. IN THE CITY OF PORT ARTHUR TO: Camellia Plaza. LP Williamson Construction & Equipment, Inc. Gentlemen: This is to certify that the City of Port Arthur. Texas, accepts the completion of the public water systems for the above development on the basis of the Engineer's Certificate of Completion by Arceneaux & Gates Consulting Engineers, and the Contractor's Certificate of Guarantee, and the Contractor's Certificate and Release, both executed by Douglas Lam, Manager of Camellia Plaza, LP. Stephen Fitzgibbons City Manager ATTEST: Terri Hanks City Secretary