HomeMy WebLinkAboutPR 15203: GULF BREEZE II - COMPLETION OF PUBLIC WATER SYSTEM IMPROVEMENTSMEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Stephen Fitzgibbons, City Manager
FROM: Kelly Eldridge, Director of Utility Operations
DATE: April 13, 2009
SUBJECT: Proposed Resolution No. 15203
COMMENTS
April 27, 2009: This item was tabled at the Apri121, 2009 Council meeting. City Council later
passed Ordinance No. 09-35, which states "The City w111 not accept easements and will not accept
~ infrastructure from a developer until all amounts due and owing, if any, have been paid by the
'~ developer, or until suitable arrangements; for example, installation payment agreement, have been
approved by the City." Such arrangements have been made as of Apri124, 2009.
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 15203, 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 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 53`d 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 Standazds, and
the water. system improvements aze 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 ofGuarantee (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 follow7ng vote:
AYES: Mayor
Councihnembers:
NOES:
ATTEST:
Terri Hanks
City Secretary
Deloris Prince
Mayor
APPROVED AS TO FORM:
~t ~~
Mazk Sokolow
City Attorney
APPROVED:
~~~~
Stephen Fitzgibbons
City Manager
Kelly Eld it dge "'
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 Citv of Port ArthurlCity of Port Arthur
(owr~l
AND TO BROWNSTONE CONSTRUCTION LTD.
lCOrrrnncroal
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 Docmnents. Please note that firta] ac(jusJment of valve
boxes will be made when final grading is placed and completed.
Aori18.2009
onreorcon~a~erae . E QP Tf
S~ P .......'r9 II
Executed by Engineer on /~~r•I 1 /3 , 2009 ~: ~ ~ ~ :~;
, ~z
EXHIBIT B
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: BROWNSTONE CONSTRUCTION LTD. /
TO: !-~eusnv c~ ,4~~ eF~irtt7rntae ~Ci~~ a~F ~irt /~efieu,e
R/E~FE,R.ENCE CONTRACT NO. _
T. ~,~9_BETWEEN
ENTERED INTO THE ~~ DAY OF
AND BROWNSTONE CONSTRUCTION. LTD.
OF HOUSTON. TEXAS
FOR: GULF BREEZE II
giOW ALL MEN BY TNESE PRESENTS:
1. BROWNSTONE CONSTRUCTION, LTD. does hereby guarantee all of the work done under the
above referenced contract to be frce from faulty materials in every particular, and free from
improper workmanship, and against injury from proper and usual weal; and agrees to replace or re-
execute without cost to the Owner 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 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 evidanced by the Engineer's Certificate of Completion.
3. This Certificate is given in connection of the 5nal payment under the contract between the Owner
and BROWNSTONE CONSTRUCTION. LTD. and with the knowledge that it will be relied
upon in making such payment and that such payment would no[ be made except upon the troth of
the matter contained in this affidavit.
IN WTINFSS WHEREOF, the undersigned has signed and sealed this instrument this ~ day
of ~~ , 20 0~
(coRPOaATE SEAL) BROWNSTON CONSTRUCTION. LTD. by its ~eaeral uartner
BROWNSTONE CONSTRUCTION GP, LLC.
f~:a+~0
D~wn, Vice President
I/2
Doak Brown, being fast duly sworn on oath, deposes and says, fast that
he is the Vice President of BROWNSTONE CONSTRUCTION GP. LLC.. the eeneral Dormer of
BROWNSTONE CONSTRUCIION. LTD..
second, that he has mad the foregoing certificate by him subscribed as Vice President
of BROWNSTONE CONSTRUCTION GP. LLC. the seneml oartner of BROWNSTONE
CONSTRUCTION. LTD.
Af£ant further states that the matters and things stated herein are hue.
~ n W~ul
Subscribed and sworn to before me this ~~ day of
S-C.P~t~.-1~
-T
20~.
My conm~ission expires
!~I
~~'~ LINDA CARflOLt
tS. 'may
NornprPUauc
.`.~v~~• SmtedTeaes
,,,_ Comm. Exp. L12-0&2012
Wam7 ~~l
272
EXHIBIT C
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: BRO WNSTONE CONSTRUCTION. LTD.
(Name otcanncmr)
TO: /~euainfi ~~.•`on,~ e,F A~ ~~ nF~>L.~r7~nva~~i,/ of Fda't IQi Tllu2
l~l
REFERENCE CON'T'RACT NO. ENTERED INTO THE 6 DAY OF
_~ BETWEEN THE
AND BROWNSTONE CONSTRUCTION. LTD.
lxaae aeomnem0
OF HOUSTON. TEXAS
Fbl l~l
FOR THE GULF BREEZE II
Mame w ~ktU
KNOW ALL MEN BY TNEEE PtiESENTS•
1. The undersigned hereby wtifies 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 Ddlars and 00/100 150.001
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 clavns are just and due and owing by the
Owner to the Contractor:
(a) None
(b) None
(C) None
(d) None
(Itemize claims and amounts due) (If none, so state)
3. The undersigned fiMlrer certifies that all work required under this contract, including work required
under Change Order(s) numbered o has been performed in
accordance with the teens thereo); and that there are no u[rpaid 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 were inconformity with the contract
provisions relatingto said wage rotes.
4. Except for the amounts stated under Paragrapbs 1 and 2 hereof, the undersigned has received from
the Owner all sums of money payable to the undersigned under, or pursuant to, the above
mentionod contract or any modifications or change thereof
5. That in consideration of the payment of the amount stated in Paragraph 1 hereof, the undersigned
does hereby release the Owner and Opemtor from any and all claims azising under or by virtue of
this contract, except the amount listed in Paragraph 2 hereof due from the Owner; provided,
however, that if for any reason the Owner does not pay in full the amount stated in Paragraph 1
hereof, said deduction shall not a@'ect the validity of this release, but the amount so deducted shall
be automatically included under Patagmp6 2 as an amount which the Contractor has not released
but will release upon payment tktereof. The Contractor further certifies that upon the payment of the
amount listed in Paragraph 2 hereof and of any amount which maybe 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 T~SS WHEREOF, the undersigned has signed and sealed this inshument this to day
of y~ (,~?kr~ .2009.
[SEAL] BROM75TO1VE CO~ISiRUCTIOiV. LTD.
tiontracmd 6y: B.rR.OWNSTCNE-CON5IRUCTION GP, LLC, itagenerzl ParNer
BY: I /i~V~`-~
Igp and ieemoianq Doak Bmwn, Yrce Preside~k
Doak Brown being fast duly swom on oath, deposes and says, first, that
IA~U
he is the Vice President of BROWNSTONE CONSTRUCTION GP, LLC. the eenera] Harmer of
B+.m..rc~y.y)
BROWNSTONE CONSTRUCTION, LTD.,
second, that he has read the foregoing certificate by biro subscribed as Vice President
of BROWNSTONE CONSTRUCTION GP, LLC., the Reueral Harmer of BROWNSTONE
CONSTRUCTION. LTD
Affiant further states that the matters and things stated herein aze true.
YiB6,
lArr~I
Subscribed and swom to before me this _~ day of Q-~tr~
zap.
My commission expires ~ - D ~ - a~.0/or2
[Dadl
J,/4' LINOA CARBOLL ~"~'-"""'f
' ~ ~ NOTARY PUBLIC
:•~ii SWeofTexas ,~,
Comm.6P 02-08-2072 ~ogryp~)
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 Engineer's 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