HomeMy WebLinkAboutPR 15091: QUAIL HOLLOW PHASE 1MEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Stephen Fitzgibbons, City Manager '
FROM: Kelly Eldridge, Director of Utility Operations /C%~~'uJ
DATE: February 3, 2009
SUBJECT: Proposed Resolution No. 15091
COMMENTS
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 15091, 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 sewer system facilities
to serve Quail Hollow Phase 1 Subdivision.
BACKGROUND
Richazd Daley developed a tract of land for the construction of the Quail Hollow Phase I
Subdivision on Jade Avenue. Mr. Daley,. acting as his own contractor, subsequently performed this
work in accordance with City Standards and the sewer system improvements are 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. 15091 is recommended.
P.R. No. 15091
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
RICHARD DALEY FOR THE COMPLETION OF THE
PUBLIC SEWER SYSTEM IMPROVEMENTS SERVING _
QUAIL HOLLOW PHASE I SUBDIVISION, AND
AUTHORIZING THE CITY MANAGER TO SIGN THE -_
CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE
CITY OF PORT ARTHUR, TEXAS.
WHEREAS, Richard Daley planned and developed a tract of land for the purpose of
constructing a residential development; and,
WHEREAS, Richard Daley acted as his own contractor for construction ofthe public sewer
systems throughout this development; and,
WHEREAS, the City has received an Engineer's Certificate of Completion dated January 22,
2009 from Stanley G. Newsome, Jr., P.E. certifying that the sewer systems in the project have been
completed according to City Standards, copy attached hereto and made a part hereofas Exhibit A,
together with a Contractor's Certificate and Release (Exhibit B) and a Contractor's Certificate of
Guarantee (Exhibit C), both executed by Richard Daley, Owner of Quail Hollow Phase 1
Subdivision; 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 sewer infrastructure.
P.R. No. 15091
02/03/09
Page. 2
Section 2.
the City Council.
That a copy of the caption of this Resolution be spread upon the Minutes of
READ, ADOPTED AND APPROVED THIS day of
2009 at a
.Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor
Councilmembers:
NOES:
ATTEST:
Tem Hanks
City Secretary
APPROVED:
Stephen Fitzgibbons
City Manager
Deloris Prince
Mayor
APPROVED AS TO FORM:
Mark Socolow /a~ 1_„4,I,.nO,~~
City Attorney l ~'~' `""`~
_/~~. ~.~
Kelly EI dge
Director of Utility Operations
EXHIBIT A
Stanley G. Newsome, Jr., P.E.
Consulting Engineer
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January 22, 2009
City of Port Arthur
P.O. Box 1-089
Port Arthur, Texas 77641-1089
Attn: Mr. Kelly Eldridge.
Re: Quail Hollow Phase I Sanitary Sewer Line
ENGINEERS CERTIFICATE
Gentlemen:
>,
I, Stanley G. Newsome, Jr., P.E., hereby certify that the 8" sanitary sewer Iine was
constructed in general conformance with the approved plans and specifications. The line
has been tested and it passed both the mandrel and air test.
We request that this line be accepted by the City of Port Arthur. The plat indicates and
additional 10' dedicated for Jade along the west side of Jade and this sewer line is located
in this 10' Should you have any questions, please call.
Re pectfull submitted,
St n~y G. New ome, Jr., P.E.
c.
Colleen Russell
Mr. Ross Blackketter, P.E.
Richazd Daley
3737 Doctors Drive
Port Arthur, Tesas 77642
Phone: 409-983-2004, ce11 409-7 1 8-06 1 2
Fax:409-983-2005
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EXHIBIT B
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: Richard Dalev _
(Name of Contractor)
TO: City of Port Arthur, Texas
(Local Public Agent)
REFERRENCE COPA PROJECT NO. N/A ENTERED ON ,. .
DATE. ,BETWEEN THE
AND _ Richard Daley
(Name of Company)
OF Port Arthur Texas
(CITY) (STATE)
FOR THE Sanitary Sewer
(Name of Operations)
OF THE Ouail Hollow Phase I
(Name of Project)
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
The undersigned hereby certifies that there is due from and payable by the Local Public
Agency to the Contractor under the contract and duly approved Change Orders and
modifications 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) None.
Page 1 of 3
(b)
(c)
(d)
(Itemize claims and amounts due) (if none, so state)
3. The undersigned further certifies that all work required underthis 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 modification
or change thereof.
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 Richard Daley 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 paymentthereof. 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
rd
this ~~ day of , 20 0` _.
AL)
tor)
Page 2 of 3
(Signature and Title of Officer)
j~%~,a-~ //QJ~,, being first duly sworn on oath, deposes and says,
(Affiant) /~~~ ~J
first that he is the (//,[//~ ~~ of the ~~1 f~~/Ian ~~~~Z
(Title)
(Name of Company)
second, that he has read the foregoing certificate by him subscribed as
(Name
Affiant further states that the matters and things stated herein are true.
%.~~"~~ JAG ~ (Affiant)
Subscribed and sworn to before me this o~3.~c~ day of
20 ~C~ ~:~lq,, CONNIE SEAL
Notary Public, State of Texas
~;:; ire My Commission Expires
~'"+'`„°,{~o`'a`$ June 22, 2009
My commission expires !o/ate?/~20~
(Date)
(Notary)
Page 3 of 3
~,,/hP,,. of the
EXIIIBIT C
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: Richard Daley
(Name of Contractor)
TO: City of Port Arthur (Local Public
Agent)
REFERENCE CONTRACT NO. NIA ENTERED INTO THE
DAY OF 2009 ,BETWEEN THE
riTV nG pnRT eoTU~ io ~ IC Crrr~ ~.~ i+~+ ~ TCXAS ~~
AND Richard Daley
OF Port Arthur Texas
(CITY)
(STATE)
FOR THE Sanitary Sewer
(Name of Operations)
OF THE Quail Hollow Phase 1
(Name of Project)
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
Richard Daley does hereby guarantee all of the work done under the 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.
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 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
between the City of Port Arthur and NA and
with the knowledge that it will be relied upon in making such payment and thatsuch
payment would not be made except upon the truth of the. matter contained in this
Page 1 of 2
affidavit.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument
this ~ 3 ~ day of , 20~.
(SEAL)
(Vi r iden )
~ ~G~
(Signature and itle of Office
/~ iG ~t% r~~/P~, being first duly sworn on oath, deposes and says;
(Affiant) ,
first, that he is the ~Gf//;P/C of the
(Title)
(Name of Company)
second, that he has read the foregoing certificate by him subscribed as
~~i1//'JPM of the
(Title)
tar /~!;'~S~
e of Company)
Affiant further states that the matters and things stated herein are true.
(Affiant) Subscribed and sworn to before me this o23/i~ day of Q~~
200 G
/ '0:"':`k CONNIE SEAL
to as a~t7 ~'.'~ ~~'^ Nota P
My commission expires f / ~ ,,;, ' ~ nnY Cort~imrciss on E~Tresas
~~1.,
(Date) ~,{,m,~,~:~ ~~ne zs, Zooq
(Notary)
Page 2 of 2
EXHIBIT D
CERTIFICATE OF ACCEPTANCE
FOR
Sewer System Facilities to Serve the
Quail Hollow Phase 1 Subdivision
For Richard Daley
IN THE
CITY OF PORT ARTHUR
TO: Richard Daley
Gentlemen:
This is to certify that the City of Port Arthur, Texas, accepts the completion of the public sewer
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 Guazantee, and the Contractor's
Certificate and Release, both executed by Richard Daley.
Stephen Fitzgibbons
City Manager
ATTEST:
Terri Hanks
City Secretary