HomeMy WebLinkAboutPR 15203: GULF BREEZE II (COMPLETION OF WATER SYSTEM)MEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Stephen Fitzgibbons, City Manager
FROM: Kelly Eldridge, Director of Utility Operations (~L D l ag
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DATE: April 13, 2009
SUBJECT: Proposed Resolution No. 15203
COMMENTS
I recommend that the City Council approve Proposed Resolution No. 15203, 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 the water system only
to serve the Gulf Breeze II Apartments.
BACKGROUND
The Housing Authority of the City of Port Arthur developed a tract of land on Twin City Highway
north of 53rd Street for the construction of the Gulf Breeze II Apartments. They hired Brownstone
Construction, LTD as their contractor to perform this work in accordance with City Standards, and
the water system improvements are now ready for acceptance by the City.
BUDGET/FISCAL EFFECT
The value of these water system facilities is estimated by their engineer at $87,775.
STAFF/EMPLOYEE EFFECT
City staff attended the Final Inspection and testing of the public water system to verify conformance
with City Standazds.
SUMMARY
Approval of Proposed Resolution No. 15203 is recommended.
P.R. No. 15203
04/13/09
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF AN
ENGINEER'S CERTIFICATE OF COMPLETION FROM
ARCENEAUX & GATES CONSULTING ENGINEERS, INC.,
AND A CONTRACTOR'S CERTIFICATE AND RELEASE,
AND CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM BROWNSTONE CONSTRUCTION, LTD FOR THE
COMPLETION OF THE PUBLIC WATER SYSTEM
IMPROVEMENTS SERVING GULF BREEZE II
APARTMENTS, AND AUTHORIZING THE CITY MANAGER
TO SIGN THE CERTIFICATE OF ACCEPTANCE ON
BEHALF OF THE CITY OF PORT ARTHUR, TEXAS.
WHEREAS, the Housing Authority of the City of Port Arthur planned and developed a tract
of land for the purpose of constructing the Gulf Breeze II Apartments development; and,
WHEREAS, the Housing Authority of the City of Port Arthur contracted with Brownstone
Construction, LTD for construction of the public water system throughout this development; and,
WHEREAS, the Housing Authority of the City of Port Arthur has granted the City of Port
Arthur adequate easement tracts for these public water utilities their property; and,
WHEREAS, the City has received an Engineer's Certificate of Completion dated April 13,
2009 from Arceneaux & Gates Consulting Engineers, Inc. certifying that the public water system in
this project has been completed according to City Standards, 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 Doak Brown, Vice President of
Brownstone Construction, LTD; 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
P.R. No. 15203
04/13/09
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 Resolution be spread upon the Minutes of
the City Council.
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:
Deloris Prince
Mayor
ATTEST:
APPROVED AS TO FORM:
r~ ~jf~
Terri Hanks
City Secretary
Mark Sokolow
City Attorney
APPROVED:
Stephen Fitzgibbons
City Manager
r~~, ~.,~'d„
Kelly Eld idge
Director of Utility Operations
~'
EXHIBIT A
ENGINEER'S CERTIFICATE OF COMPLETION
Project GULF BREEZE II DEVELOPMENT
Date Of Issuance: Apri113, 2009
Owner{s): Housing Authority of the City of Port Arthur /City of Port Arthur
Owner's Project No.: N/A, Contract No. N/A
Engineer: ARCENEAUX & GATES CONSULTING ENGINEERS, INC.
Contractor: BROWNSTONE CONSTRUCTION, LTD.
This Engineer's Certificate of Completion applies to all Work under the Contract Documents or to
the following specified parts thereof:
TO Housing Authority the City of Port Arthur /Ciri of Port Arthur
[~+~]
AND TO BROWNSTONE CONSTRUCTION. LTD.
lcorrrRncroal
The Work to which this Certificate applies has been inspected by authorized representatives of
Owner, Contractor and Engineer, and that Work on the WATER SYSTEM is hereby declared to be
complete in accordance with the Contract Documents. Please note that figaj a[)jvskment of valve
boxes will be made when final grading is placed and completed.
Aori18.2009
Dare of co>watEran
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Executed by Engineer on /~~rl / /3 , 2009 ~ ~ ':~*1
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s JOE M. WILSON, JR.
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BY:
ARCENEA a!< TES CONS GINEERS, ENC. [SEAL]
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ExxISTT s
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: BROWNSTONE CONSTRUCTION. LTD
TO: l~ewiNC ~4..d.Lr.,(, oFL_ ,G L~~ eF~iiett7r~z : ~~i~~ a-F ~rt I~sf~ut
FOR: GULF BREEZE II
R~JEFERENCE CONTRACT NO.
TrL. /h)q BETWEEN THE
ENTERED INTO THE _V' ' - DAY OF
AND BROWNSTONE CONSTRUCTION LTD
OF HOUSTON. TEXAS
FOR: GULF BREEZE II
RNON ALL MEN BY TNESE PRESENTS:
1. BROWNSTONE CONSTRUCTION, LTD. does hereby guarantee all of the work done under the
above referenced wntract to be free from faulty materials in every particular, and frce from
improper workmanship, and against injury from proper and usual weal; and agrees to replace or re-
execute without cost to the Owner and (aerator such work az 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 (I) year from the date of acceptance of all work under
this Contract, az evidenced by the Engineer's Certificate of Completion.
3. This Certificate is given in connection of the 5nai payment under the contract between the Owner
and BROWNSTONE CONSTRUCTION. LTD. and with the knowledge that it will be relied
upon in malting such payment and that such payment would not be made except upon the truth of
the matter contained in this af5davit
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this _~ day
of~ ,200
(coRVOeatE seats BROWNSTON CONSTRUCTION. LTD.. by its eenetal parhrer
BROWNSTONE CONSTRUCTION GP, LLC.
t~~n
BY: tlrT/e~ ~~
D-gown, Vice President
In
Doak Brown. being first duly sworn on oath, deposes and says, first that
he is the Vice President of BROWNSTONE CONSTRUCTION GP. LLC.. [he eeneral Harmer of
BROWNSTONE CONSTRUCTION. LTD..
second, that he has read dte foregoing certificate by him subscribed as Vice President
of BROWNSTONE CONSTRUCTION GP. LLC the eeneral oartner of BROWN TONE
CONSTRUCTION. LTD.
Affiant further states that the matters and things stated herein are true.
/7 ~ ~1
Subscribed and sworn to before me this ~_ day of C,C,p.}.c..(~
20~.
My commission expires a2'~K"o20/~
loffiI
y '";y}., LINDA CARROLL ~ ~."' ~ "'~4
NOTARY PUBUC
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EXHIBIT C
CONTRACTOR'S CERTIFICATE ANC RELEASE
FROM: BROWNSTONE CONSTRUCTION LTD.
(None orcmaacmrl
TO: ~auSinl~ n></fi /~? nFffr s~.Qt77arer~ C T of Y6 rf .~r ~r,2
twnn)
REFERENCE CONTRACT NO. ENTERED INTO THE 6 DAY OF
~ ,BETWEEN THE
AND BROWNSTONE CONSTRUCTION. LTD.
(xsamcomacwt
OF HOUSTON. TEXAS
tcarl Isrm)
FOR THE
rllemed Proiee>)
KNOW ALL MEN BY THESE PRESENTS:
The undersigned hereby certifies that there is due from, and payable by, the Owner to [he
Contractor under the contract and duly approved Change Orders and modifications the balazrce of
No Dollars and 00/100 (50.001
2. The undersigned further certifies that in addition to the amount set forth in Paragraph 1, there aze
outstanding and unseffied the following items which he claims aze just and due and owing by the
Owner to the Contractor:
(a)
(b)
(c)
(d)
(Itemise claims and amounts due) (If none, so state)
3. The undersigned further certifies that all work required under this contract, including work required
under Change Order(s) numbered o has been performed in
accordance with the terms thereof, and that them are no unpaid claims for matedaLs, supplies, or
equipment and no claims of laborers or mechanics for unpaid wages arising out of the perfomtance
of this contract, and that the wage rates paid by the Contractor were in conformity with the contract
provisions relating to said wage rotes.
4. Except for the amounts stated under Paragraphs 1 and 2 hereof, the undersigned has received from
the Owner atl sums of money payable to the undersigned under, or pursuant to, the above
mentioned contract or any modifications or change thereof.
That in consideration of the payment of the amount stated in Paragaph 1 hemof, the undersigned
does hereby release the Owner and Operator from any and all claims arising order or by virtue of
this contract, except the mmoum listed in Paragraph 2 hereof due from the Owner; provided,
however, that if for any reason the Owner does not pay in full dte mmoum stated in Paragraph I
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 mmount which the Contracmr has not released
but will release upon payment thereof. The Contracor fuRher certifies that upon the payment of the
amount listed in Paragraph 2 hereo f and of any amount which maybe deducted from Paragraph 1
hereof he will release [he 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 SS WHEREOF, the undersigned has signed and sealed this instrumrnt this /o day
of~~rYti, .2009.
[~[ BROVWSTOTIE 1•ICrRUG1TON LTD
Ico~NeduO try : BROWNSTONE CONSfRUCT10N GP, LLC, ita general paMer
n:~a rm otomcerl Oaak Brwm, Yce President
Doak Brown being fast duly swom on oath, deposes and says, first, that
he is the Vice President of BROWNSTONE CONSTRUCTION GP. LLC. the ¢eneral partner of
pr~,nr orcomo+m)
BROWNSTONE CONSTRUCTION, LTD..
second, that he has read the foregoing certificate by him subscribed as Vice President
of BROWNSTONE CONSTRUCTION GP LLC the general partner of BROWNSTONE
CONSTRUCTION. LTD.
Affiant further states that the matters and things staled herein aze true.
Subscribed and swom to before me this ~_ day of
20~.
My commission expires ~ -~ ~ - o~-Q/a2
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EXHIBIT D
CERTIFICATE OF ACCEPTANCE
FOR THE
Public Water System to Serve the
Gulf Breeze II Apartments for the
Housing Authority of the City of Port Arthur
IN THE
CITY OF PORT ARTHUR
To: Housing Authority of the City of Port Arthur
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 Engineers Certificate of Completion by
Arceneaux & Gates Consulting Engineers, Inc., and the Contractor's Certificate of Guarantee, and
the Contractor's Certificate and Release, both executed by Doak Brown, Vice President of
Brownstone Construction, Ltd.
Stephen Fitzgibbons
City Manager
ATTEST:
Terri Hanks
City Secretary