HomeMy WebLinkAboutPR 15228: ACCEPTANCE OF ANCHOR DRIVE INFRASTRUCTUREPUBLIC WORKS DEPARTMENT
COUNCIL ACTION MEMO
TO Stephen B. Fitzgibbons, City Manager
FROM Ross E. Blackketter, P.E., Director of Public Works
SU67ECT P.R. #15228 -Acceptance of Anchor Drive Infrastructure
DATE 28 April 2009
RECOMMENDATION:
I recommend that the City Council approve Proposed Resolution No. 15228, accepting an
Engineer's Certificate of Completion, Contractor's Certificate and Release, and Contractor's
Certificate of Guarantee; and issuing Certificates of Acceptance for public infrastructure for
Anchor Drive.
BACKGROUND:
All proposed roadway, drainage, water, and sanitary sewer improvements for Anchor Drive
infrastructure have been constructed according to the approved plans, and payment has
been made for the installation of the required streetlighting. In addition, representatives of
the Public Works and Utility Operations Departments have inspected these improvements
and found them to be in accordance with City standards.
BUDGETARY/FISCAL EFFECT:
None.
EMPLOYEE/STAFF EFFECT:
City staff will assume operation and maintenance of these improvements after the initial
guarantee period.
SUMMARY
I recommend that the City Council approve Proposed Resolution No. 15228, accepting an
Engineer's Certificate of Completion, Contractor's Certificate and Release, and Contractor's
Certificate of Guarantee; and issuing Certificates of Acceptance for public infrastructure for
Anchor Drive.
L~
Ross E. Blackketter, P.E.
Director of Public Works
REB/reb
Z:\engineer\documents\CAMS\Anchor Dr Infra Aaept.doc
P. R. 15228
04/28/09 reb
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF THE ENGINEER'S
CERTIFICATE OF COMPLETION, CONTRACTOR'S CERTIFICATE
AND RELEASE, AND CONTRACTOR'S CERTIFICATE OF
GUARANTEE FROM EXCAVATORS AND CONSTRUCTORS, LTD. FOR
ANCHOR DRIVE INFRASTRUCTURE IMPROVEMENTS AND
AUTHORIZING THE CITY MANAGER TO SIGN THE CERTIFICATE
OF ACCEPTANCE ON BEHALF OF THE CITY OF PORT ARTHUR,
TEXAS.
WHEREAS, the City has received for Anchor Drive Infrastructure Improvements,
an Engineer's Certificate of Completion, dated February 4, 2009, from Stanley G.
Newsome, Jr., P.E. (attached as Exhibit "A"), a Contractor's Certificate and Release,
dated February 2, 2009, from Excavators and Constructors, Ltd. (attached as Exhibit
"B'~, and a Contractor's Certificate of Guarantee, dated February 2, 2009, from
Excavators and Constructors, Ltd. (attached as Exhibit "C'~, certifying that the public
infrastructure improvements have been completed; and,
WHEREAS, representatives from the Public Works Department and Utility
Operations Department have inspected the completed roadway, drainage, water, and
sewer improvements; now, therefore,
BE TT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT, the facts and opinions in the preamble are true and correct; and,
THAT, the City Manager is hereby authorized to execute, on behalf of the City of
Port Arthur, a Certificate of Acceptance to Oakmont Group, Inc. for the public
P.R.15228
Page 2
infrastructure improvements associated with Anchor Drive, attached and made a part
hereof as Exhibit "D"; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED this the day of A.D. 2009
at a
meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
N
Mayor
Attest: APPROVED AS TO FORM:
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
~~ ~~
Stephen B. Fitrgibbons Ross E. Blackketter, P.E.
City Manager Director of Public Works
Z:\engineer\Documents\Resoludons\PR15228.doc
EXHIBIT A
Stanley G. Newsome, Jr., P.E.
Consulting Engineer
~ewsome(~et.rr.com
January 30, 2009
City of Port Arthur
P.O. Box 1089
Port Arthur, Texas 77641-1089
Attn: Mr. Ross Blackketter, P.E..
Re: Anchor Drive extended to Lake Arthur
ENGINEERS CERTIFICATE
Gentlemen:
3737 Doctors Drive
Por[ Arthur, Texas 77642
Phone: 409-983-2004, ce11 409-7 1 8-06 1 2
Fax:409-983-2005
I, Stanley G:~ Newsome, Jr., P.E., hereby certify that the Anchor Drive extended to
Lake Arthur was constructed in general conformance with the approved plans and
specifications.
We request that the infrastructure be accepted by the City of Port Arthur. Should you
have any questions, please call.
Respectfully submitted,
~`
S e G. Newsome, Jr., P.E.
c.
Colleen Russell
Mr. Kelly Eldridge
Mr. Bill Bumey
Excavators and Constructors, LTD
~~ : t.11
.: :.~ T
s: .....................:.... /
,STANLEY G. NEWSOME, JR. ~ ~ ~
......................... .
.Q•., 310 2 6 i;Q. i., v
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EXHIBIT B
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: Excavators 8 Constructors, LTD
(Name of Contractor)
TO: The Citv of Port Arthur
(Local Public Agent)
REFERENCE CONTRACT NO. NA
BETWEEN: Excavators and Constructors, LTD
AND Oakmont Group, Inc. Houston, Texas
FOR THE Water, Sewer, Drainage and Street Construction
(Name of Operations)
OF THE Anchor Drive from approximately 650' South of
Jimmy Johnson to Lake Arthur Drive
(Name of Project)
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
1. The undersigned hereby cert~es 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 certfies 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
FEB-02-2009 15:53 Frvm:50U7EY,
(b)
4099832005 In:4099F~2~~71 F.4
(c)
(d)
(Itemize claims and amounts due) (if none, so state)
3, The undersigned further certifies that all work required underthls contract Including
work required under chappe orders numbered ~, has been performed In
accordance with the terms thereof, and that there era no unpaid claims for
materials, supplies or equipment and no claim^ of laborer or mechanics for unpaid
wages arising out of the pertarmance of this contract, and that the wage rates paid
by the Contractor and all Subcontractors were in oonfomtity with the contract
provisions relating to said wage rates.
4. Fxcept for the amounts stated under paregrephs 1 and 2 hereof, the underelpnad
has received from the City of Port Arthur ell sums of money payable to the
undenlgned under or pursuant to the above mentioned ccntrect or any modlflcatlon
or change thereof.
5. That In conslderatlon of the payment of the amount stated In paragraph 1 hereof
the anderelgned does hereby release the City of Part 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 Faccevatore i ConetTUCbre, LTD
does not pay in full the. amount stated In paragraph 1 hereof, Bald deduction shall
not affect the validity of this roleaee, but the amount eo deducted shall be
automatically Included under paragraph 2 as an amount which the Contractor has
not released but will release upon paymank thereof. 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
Pori Arthur from any and all claims of any nature whatsoever arl~ing out of Bald
contract or modification thereof, and will execute such further releases or
assurances ae the City of Port Arthur may request.
IN WI7N~t39 WHEREOF, the undersigned has signed and sealed this Instrument
th(s Znd day of FEaz~~~y , 20 fA
N ~P (SF-~-I.)
(Contractor)
J A YOU- Eoa Eg,o~ ` ; a~-i ~4--
Page 2 of 3
FEB-02-2009 15:53 From:5OUTEX 4099832005 To:4O99622771 P.5~5
(signature and Title of Offlcar)
J ~~' ~~A'~'-' _ ~ being tirst duly swom on oath, dapaaee and aaye~
(Afflant)
first that ha le the ~' E^`~'z"`~~"E~- of the
(This)
LTA
second, that he ha4 read the foregoing certificate by him supscriped as
~~r=,e~~A2-~"~"~ of the
(Title)
FxcAvatora and Constructors. I.TD
(Name of Company)
Affiant further states that the matters and things stated herein era true.
(Afflant)
supscribed and swom to pefore me this zn day of r=~zuaa/y
~p U9
My commission expires
(Date) Z- 6-Zor r j
`;~*F'9 P~~ MARILYN HAYDEN FEVERJEAN ~NOtar~;~~'~' - ,~
My Commission Expires l
~? February 06, 2011
' 4~~~ ~
Page 3 of 3
EXHIBIT C
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: Excavators & Constructors, LTD
(Name of Contractor)
Agent)
REFERENCE CONTRACT NO. N/A
BETWEEN Excavators and Constructors, LTD.
AND Oakmont Group, Inc, Houston, Texas
FOR THE Water, Sewer, Drainage and Street Construction
(Name of Operations)
OF THE Anchor Drive from end of existing concrete to Lake Arthur Drive 1250' +_
(Name of Project)
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
Excavators & Constructors, LTD. 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~xecute 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.
3. This Cert~cate 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 that such
payment would not be made except upon the truth of the matter contained in this
Page 1 of 2
FEES-02-2009 15:53 From:SOUTEX 4099832005 To:4099622771 P.2~5
affidavit.
IN WITNE88 WW~REOF, the underalgned has signed and sealed this Instrument
this Z ~ day of FF~~ A~,,r , 20 09 ,
N/A (sFF-A~)
9
(sin an Title of Ctfffcer) 3 Ay a>~~>,1
-~.~~~
~ ~ay~ ~"~Oa ,being first duly swum on oath, deposes and says,
(Affiant)
first, that he is tl a GEµ~~~~~- of the
(Title)
second, that ha has read the foregoing certificate by him aubecriped as
G>=uE~~~~d= of the
(This)
~~x®tst~ co~structora t_Tf)
(Name of Company)
AfFiant further states that the matters artd things stated herein are true.
(Affiant) Subscribed and swum to before ma this Z^d day of F>='3z~ ~z--1
~. zm9
My commission expires f~a • ~ ~ zo' ~
(pate)
1~~ MAPILYN HAYOEN FEVEHJEAN
~p n
My Commission Expires
j' ur,~ ~ February 08.2011
( otary
Page2af2
EXHIBIT D
CERTIFICATE OF ACCEPTANCE
FOR
Completion of Streets, Drainage, Water, Sewer, and Other Public
Infrastructure Improvements for Anchor Drive
IN THE
CITY OF PORT ARTHUR
T0: Oakmont Group, Inc.
This is to certify that the City of Port Arthur, Texas, accepts the completion of the
streets, drainage system, water lines, sanitary sewer lines, and other public
infrastructure for Anchor Drive, on the basis of the Engineer's Certificate of Completion
as executed by Stanley G. Newsome, ]r., P.E.; and the Contractor's Certificate of
Guarantee and Contractor's Certificate and Release, both as executed by )ay Braxton of
Excavators and Constructors, Ltd.
Stephen B. Fltzgibbons
City Manager
Attest:
City Secretary