HomeMy WebLinkAboutPR 15090: STONE CREEK APARTMENTSMEMORANDUM
CITY OF PORT ARTHUR
UTII,ITY OPERATIONS DEPARTMENT
TO: Stephen Fitzgibbons, City Manager
FROM: Kelly Eldridge, Director of Utility Operations /`~
DATE: February 3; 2009
SUBJECT: Proposed Resolution No. 15090
COMMENTS
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 15090, which accepts the
Engineer's Certificate of Completion, Contractor's Certificate of Guazantee, and Contractor's
Certificate and Release for the completion of public improvements to include water system facilities
to serve Stone Creek Apartments.
Oakmont Group, Inc. of Houston, Texas developed a tract of land for the construction of the Stone
Creek Apartment complex on Lake Arthur Drive at Anchor Drive. We recently accepted easements
to operate and maintain the public water system for this development. Their contractor, Camden
Builders, Inc., subsequently performed this work in accordance with City Standazds and the water
system improvements aze ready for acceptance by the City.
BUDGET/FISCAL EFFECT
None.
STAFF/EMPLOYEE EFFECT
City staff attended the Final Inspection and testing of these utilities to verify conformance with City
Standazds.
SUMMARY
Approval of Proposed Resolution No. 15090 is recommended.
P.R. No. 15090
02/03/09
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
CAMDEN BUILDERS, INC. FOR THE COMPLETION OF
THE PUBLIC WATER SYSTEM IMPROVEMENTS SERVING
STONE CREEK APARTMENTS, AND AUTHORIZING THE
CITY MANAGER TO SIGN THE CERTIFICATE OF
ACCEPTANCE ON BEHALF OF THE CITY OF PORT
ARTHUR, TEXAS.
WHEREAS, Oalanont Group, Inc. of Houston, Texas planned and developed a tract of land.
for the purpose of constructing an apartment complex; and,
WHEREAS, Madison Clearview Port Arthur, L.P., the property owner, granted water utility
easements for these public improvements; and,
WHEREAS; Oalanont Group, Inc. of Houston, Texas contracted with Camden Builders, Inc.
for construction of the public water systems throughout this development; and,
WHEREAS, the City has received an Engineer's Certificate of Completion dated January 27,
2009 from Stanley G. Newsome, Jr., P.S. certifying that the water 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) and a Contractor's Certificate of
Guarantee (Exhibit C), both executed by Bobby Rivers, Vice President of Camden Builders, Inc.;,
NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCII. OF THE CITY OF PORT ARTHUR:
Section 1. That the City Manager of the City of Port Arthur is hereby authorized to
P.R. No. 15090
02/03/09
Page 2
execute on behalf of the City of Port Arthur a Certificate of Acceptance (Exhibit D) for the
completion of the public water infrastructure.
Section 2. That a copy of the caption of this Resolufion be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED THIS day of , 2009 at a
Regulaz Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor
Councihnembers:
NOES:
ATTEST:
Terri Hanks
City Secretary
Deloris Prince
Mayor
APP ^ROVED AS TO FORM:
c~J~
Mazk Sokol v (o a beb °'6
City Attorney
APPROVED:
Stephen Fitzgibbons
City Manager
1 ~~,
Kelly E dridge
Director of Utility Operations
EXHIBIT t~
Stanley G. Newsome, Jr., P.E.
Consulting Engineer
enewsome(~~ rr.co3n
3737 Doctors Drive
Port Arthur, Texas 77642
Phone: 409-983-2004, ce11 409-7 1 8-06 12
Fax:409-983-2005
January 27, 2009
City of Port Arthur
P.O. Box 1089
Port Arthur, Texas 77641-1089
Attn: Mr. Kelly Eldridge.
Re: Fire Water Line for Stone Creek Apartments
ENGINEERS CERTIFICATE
Gentlemen:
I, Stanley G. Newsome, Jr., P.E., hereby certify that the Fire Water Line for Stone
Creek Apartments was constructed in general conformance with the approved plans and
specifications. The pressure test and bacteria testing was done and or witnessed by your
Mr. Warren Guidry. All tests passed.
We request that the infrastructure be accepted by the City of Port Arthur. Should you.
-have any questions, please call.
Respectfull submitted,
e
f~ t1a~0 ewva`~®,
~, r l~iv~~mvs N ~~CQ~~of~rE~,4,r',!
St Bey G. Newsome, Jr., .E. r ~ 5: ~ '., ~ t
' ~ •5 .....................i ~
a ~STANLEY_G.NEWSOME;JR.e oy,
Colleen Russell { 3 j p 2 Fi ~~~~~; ~,
Mr. Ross Blackketter, P.E. t'°p'•~ ~~ v
Camden Builders, Inc. 1t O`~<v 0 sA~ ~*~ ~~`
u~'
k°=
EXI~IBIT B
J HIV-Cf-Cbl']7 1e:5.5 From: SOUTEX
4099332005 To:7133542707 .P.4~6
CONTRACTOR'S CERTIFICATE ANp RI=~~AS~
FRgM: Camden Bulldara In
(Name of contractor)
7q: Th®c(tY~f Port Arthur
(Local Publlc Agent}
REFERENCE CgNTRACT NO._ NA .ENTERED INTO THP
DAY OF , BETWEEN THB
AND
(Name of Company)
- (clTl~ (sTArt=)
FOR 7HE Flre Water Line
(Name of Operations)
OF THE Stone Cr®ek Apartments
(Name of Project).
LOCATER IN THE CITY OF PORT ARTHUR, TEXAS:
1. The undaraipned hereby certtfles that there is due from and payable by the Local
Publlc Agency to the Contractor under the contract and duly approved Change
Orders and modifications the balanco of_,ZERO
2• The undersigned further certifies that In addition to the amount ask forth in
paragraph 1, there are outstanding and unsealed the fallawinp Items whleh he
claims are just and due and awing by the City tc the Contractor,
Page 1 of 3
^~~ ~~ -~~+~~ ie,. ,~.~ rram: nuuitr, 4VJ7:Jd32l~bb To:7133542707 r
P.3 6
with the knowledge that It will be rolled upon in making such payment and that such
payment would not be made except upoh the truth of the matter contained in thlR
affidavit.
IN WITNESS WHEREOF, the and®reipned has signed and sealed this Instrument
this?~~, .day of 7,~~.~'- , 2A
J~~~~~ (SEAS)
(Vic~~e-Pp3slden~t)
Uo~~ C`s r ve~~ j/% /?
(signatur®and Title of pfflcer)
~_
-'~~'~~`~ ~~yL=~s ,beingflrstdulyswcmencath,depasesandsays,
(Affiant)
first, that he is the ~/C`~= f~-s of the
('title)
Camden sulldera, Inc. 3 Greenway Plaza suite 1300, Houston, Texas 77A48
(Name of Company). "~
second, that he has read-the foregoing cert~cate by him subscr(bed as
,.,., of the
(Name of Company)
APflant further states that the matters and things stated herein are true.
(Affant) Supacrlbed and sworn to before me this day of
,,;::,\ ~
~'r ~„
~~JV~ ~y~~~C:.^~ ~~,,~ nrr~rir
Sa v pLF., =.
tulY commission expires^ ' ° ~'~ :~ 1
(Mate) 3~~~ .\'.
'~i. a.. ~
r //
{Ngtary)~
~ ~/
Page 2 of 2
EXIIIBIT C
°' • ~ ~ ~ ~~~~ ~~ • w r ruin: ouu i r=n 4vJ'jytiS2btd5 To: 7133542707
P.2 6
CONTRACTOR'8 CERTIFICATE OF GIJARANTE~
FROMr CA~MDPN ~t JI RS IN
(Name of Corrtractor}
REFERENCE CONTRACT NO.~/A ENTEREp INTO THE
pAY OF 2n07 ,BETWEEN THR
--~ ;
Ayp_ '
~OF
`~ (CIl'Y) (STATE)
FOR THE FUQ Wa er Ina
(Name of Operations)
OF-THE
Stone Creek Agd~ e a
(Name of Pro]ect)
kOCATEp IN THE CI1Y OF PORT ARTHUR, TEXAS:
1. Camden Bbilders Inc does hereby guarantee all of the work done under the atsove
referenced contract to be free from faulty materials In ev®ry particular, and free from
improper workmanship, and against in]ury from proper and usual wear, and agrees
tc replace or ra-exeauta without cost to th®Ownar 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 ar 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 THP
IMPRQVEMENTS RY THE CfTY COUNCII.OF THE CITY OF PORT ARTHUR.
3. This Certificate is given (n acnnection of the final payment under the contract
between the City of Port Arthur and CIA and
Page 1 of 2
.~r-~rv-Cl-Cl~i/J7 ie: w tram: SUUitx 4099832005 To:7133542707 P.5~6
{b)
{C)
(d)
(Itemlxe clalms and amounts due) (if none, so state)
3. The andersigned further certifies that all work required undarthis contract including
work required under change. orders numbered NA has peen performed in
accordance with the terms thereof, and that there are no unpaid clalms for
materials, supplies or equipment and no clalms of laporers or mechanics for unpaid
wages arising out of the performance of this contract, and that the wage rates peld
by the Contractor and all Supcontractars were In conformity with the contract
provisions relating to said wage rates.
4. 1=xcept far the amounts stated under paragraphs 1 and 2 hereof, the undersigned
has r®celved from the City of Part Arthur ali sums of money payaple to .the
undersigned under or pursuant to the above mentioned contract ar any modlticatlon
or change thereof.
6. That In consideration of the payment of the amount stated In paragraph 1 herecf
the undersigned dons hereby releasethe City of Port Arthurfmm anyand all clalms
arising under or by virtue of this contract, except the amount listed In paragraph 2
hereof; provided, however, that if for any reason Camden ~ullders, Inc. 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
inGud®d under paragraph 2 as an amount which the Contractor has not released
but will release upon payment thereof. The Contractor further certifies thax upon the
payment of the amount listed in paragraph 2 hereof, and of any amount which may
be deducted Pram paragraph 1 hereof, he will release the City of PorkArthur from
any and all claims of 'any nature whatsoever arising out of said contract- or
modification thereof, and will execute such further re-ea>ses ar assurances as the
City of Port Arthur may request.
IN WITNESS WIiEREQF, the undersigned has sign®d and seated this Instrument
th(s ~ day of -T . -~¢-- , 20 ~i .
~ {Contractor)
~ ,
<J~i ~~y b~ %U~/.~ ~j~
Page 2 of 3
J hOY-C f-CIOl07 1b: J4 prom: SUUIEX
4099832005 To:7133542707 P.6~6
(Signature and Title of Officer)
~G'~6 y~ ~ ~VLZ S being first duly swam on oath, deposes and says,
(Afflant)
flret that he is the 1~~C'~ \~n of the
(Title)
3
second, that h@ ha: read the far®going cer}iflcate py him subscribed ae
- ~~iG~ ~~~ ~.r of the
(Title)
(Afflant)
8apscrlbed and sworn to before me this day of ~~
20
My commiss(on expires
... ...
a
•_
.
.
{Notary)
._ ,~ _ .
.^4 f/
Page 3 of 9
Affiant further states that the matters and things stated heraln-are true.
EXIIIBIT D
CERTIFICATE OFACCEPTANCE
FOR THE
Public Water System to Serve the
Stone Creek Apartment Development
For
Madison Clearview Port Arthur, L.P., Owner,
Oakmont Group, Inc. of Ilouston, Texas, Developer,
And Camden Builders, Inc., Contractor
IN THE
CITY OF PORT ARTHUR
TO: Madison Clearview Port Arthur, L.P.
Oakmont Group, Inc. of Houston, Texas
Camden Builders, 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
Stanley G. Newsome, Jr., P.E., and the Contractor's Certificate of Guarantee, and the Contractor's
Certificate and Release, both executed by Bobby Rivers, Vice President of Camden Builders, Inc.
Stephen Fitzgibbons
City Manager
ATTEST:
Tem Hanks
City Secretary