HomeMy WebLinkAboutPR 15149: 9TH AVENUE STATION APARTMENTSMEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Stephen Fitzgibbons, City Manager
FROM: Kelly Eldridge, Director of Utility Operations ~( f_I
DATE: May 12, 2009
SUBJECT: Proposed Resolution No. 15149
COMMENTS
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 15149, which accepts the
Engineer's Certificate of Completion from Stanley G. Newsome, 7r., P.E., and the Contractor's
Certificate of Guazantee and Contractor's Certificate and Release, both from Tri State Mechanical
for the completion of public improvements to include the public water system only to serve the 9`~
Avenue Station Apartments. Madison Clearview Port Arthur, LP is the property owner and wants to
turn the public portion of their system over to the City.
BACKGROUND
Madison Clearview Port Arthur, LP developed a tract of land on 9t° Avenue for the construction of
the 9`s Avenue Station Apartments. This development required the addition of public water system
components to provide fire protection and metering for these apartments. Their prime contractor, All
Star Specialty Construction, subcontracted with Tri State Mechanical to perform the public water
system portion of the project in accordance with City Standazds, and the public water system
improvements are now ready for acceptance by the City.
BUDGET/FISCAL EFFECT
The value of these water system improvements is estimated by their engineer at $75,125.00.
STAFF/EMPLOYEE EFFECT
City staff observed the hydrostatic testing, performed the bacteriological testing, and attended the
Final Inspection of this utility to verify conformance with City Standards.
SUMMARY
Approval of Proposed Resolution No. 15149 is recommended.
P.R. No. 15149
04/23/09
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF AN
ENGINEER'S CERTIFICATE OF COMPLETION FROM STANLEY
G. NEWSOME, JR., P.E. AND A CONTRACTOR'S CERTIFICATE
AND RELEASE, AND CONTRACTOR'S CERTIFICATE OF
GUARANTEE, BOTH FROM TRI STATE MECHANICAL FOR THE
COMPLETION OF PUBLIC IMPROVEMENTS (WATER SYSTEM
ONLY) TO SERVE 9`" AVENUE STATION APARTMENTS, AND
AUTHORIZING THE CITY MANAGER TO SIGN THE
CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE CITY OF
PORT ARTHUR, TEXAS.
WHEREAS, Madison Clearview Port Arthur, LP planned and developed a tract of land for
the purpose of constructing the 9`h Avenue Station Apartments; and,
WHEREAS, Madison Clearview Port Arthur, LP has already granted water utility easements
for these public improvements; and,
WHEREAS, Madison Clearview Port Arthur, LP contracted with All Staz Specialty
Construction, who subcontracted with Tri State Mechanical for construction of the public water
system throughout this development; and,
WHEREAS, the City has received a letter from Madison Clearview Port Arthur, LP
requesting that the City accept these public water system improvements, with an Engineer's
Certificate of Completion dated Apri18, 2009 from Stanley G. Newsome, Jr., P.E. certifying that the
public water system in the 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 Vernon
Bridwell, President of Tri State Mechanical; NOW THEREFORE,
P.R. No. 15149
04!23/09
Page 2
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
Section I. 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 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:
ATTEST:
Tem Hanks
City Secretary
APPROVED:
Stephen Fitzgibbons
City Manager
Deloris Prince
Mayor
APPROVED A5 TO FORM:
Mark Sokolow
City Attorney
~ q
Kelly Eld 'dge
Director of Utility Operations
EXHIBIT A
Madison Clearview i,etter & Eng. Certificate
Mav' O 1, 2009
VIA E-MAIL AND US MAIL
Mr. Kelly Eldridge
City of Port Arthur
444 - 4'h Street
Port Arthur, Texas 77640
~ ~ i~ ~ ~.,- ~~° , Ii l i
l MAY 11 X09 v
RE: Water Line
9i6 Ave Station Apartments
Port Arthur, Texas
Deaz Mr. Eldridge:
The owner, Madison Clearview Port Arthur; LP has (thru its GC, AllStar Construction)
recently installed a line at the above referenced property. The water line was designed by
George Newsom, Jr., P.E., approved by the City of Port Arthur and all inspections have
been accordingly.
Therefore, the ow~rer hereby requests the City of Port Arthur accept this vtiater line into
the City's water distribution system for ownership and maintenance.
If you have any questions or concerns, please contact me direct.
Office: 972.499.6207
Cell: 713.376.1040
Sincereily.
(~"~
Madison Clearview Port Arthur, LP
By: Jimmy D. Erwin
cc: Ron Fraze
George Newsome, Jr., P.E.
5225 Villaa~e Cgeek IDrive, Stai$e 4®~ 11PPasao, '!;'escas 95093
Stanley G. Newsome, Jr., P.E.
Consulting Engineer
enewsome(cr~. rr. com
Apri18,2009
City of Port Arthur
P.O. Box 1089
Port Arthur, Texas 77641-1089
Attn: Mr. Kelly Eldridge.
3737 Doctors Drive
Port Arthur, Tezas 77642
Phone:409-983-2004,ce11409-718-0612
Faz: 409-983-2005 °- ;------ - --
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CITY OF PT. At;THOR
UTILIT'f OPFRATIOhS-FC".~. i
Re: Fire Water, and Domestic Line for 9"' Avenue Station Apartments
ENGINEERS CERTIFICATE
Gentlemen:
I, Stanley G. Newsome, Jr., P.E., hereby certify that the Fire Water, and Domestic
Line for 9`~ Avenue 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. The Contractor will saw cut
along the easement line as requested by your employees.
We request that the infrastructure be accepted by the City of Port Arthur. Should you
have any questions, please call.
Respectfully submitted,
p,~ _ .
Stanle~G_.'Newsome, Jr., P.E.
c.
Colleen Russell
Mr. Ross Blackketter, P.E.
All Star Specialty Construction
Madison Cornrnunities
~- %!.i*........NEWSOtdtE,JR;j `. G`
I~SZRNLEV G. .••.;•• / . ,
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FIB! Hl~; Sfl-N1&Y G, l~iS~, JR., F,B.
FIRS 1101:116
C'~
EXHIBIT B
Certificate & Release
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: TRI STATE MECHANICAL
146188 HEMPSTEAD RD.
HOUSTON. TX 77040
(Name of Contractor)
TO: The City of Port Arthur
(Local Public Agent)
REFERENCE CONTRACT between Tri state Mechanical and All Star Specialty
Construction for the water line and other utilities for the 9th Avenue Station Apartments
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 0.00.
2. The undersigned further cert~es 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.
(b)
(c)
(d)
(Itemize claims and amounts due) (if none, so state)
The undersigned further certifies that all work required under this 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.
Page 1 of 3
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 modfcation
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 alt claims
arising under or by virtue of this contract, except the amount listed in paragraph 2
hereof; provided, however, thatrf for any reason TRI STATE MECHANICAL 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 payment thereof. The Contractor further cert~es 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
this 22-"~ day of'f/ n,~ r;~ , 20~~
%,f.tx Sfs~~ (N~~QG-atili~ (SEAL)
(Contractor)
U ~ (~-
(Signature and Title of Offic )
~,~~ rrrar, ~r1 C~G^/~/~ being first duly sworn on oath, deposes and says,
(Affiant)
first, that he is the ~r>'s of the ''rr,` f-~~~-~
(Title)
~~',~,~ ~ ~; ice/ ,second, that he has read the foregoing certificate
(Name of Company)
by him subscribed as ~Y~,j : of the 7r~ )~~~,~ ~e-G~~sr~
(Title)
Page 2 of 3
. Affiant further states that the matters and things stated herein
(Name of Company)
are true.
V~Tvftr'~ ~)"'i~(~"~~111i~J
(Affiant)
Subscribed and sworn to before me this ~~~ day of crux 20 ~~~1-
My commission expires: ~..L~n-c? ~~;. ~~ -
'' (Gate)
3 _
s 6i«
~~~~
„IN
CONNIE SEAL
Notary Public, Snte of Terns
MY Commission Expires
Jug 22, 2009
(Notary)
Page 3 of 3
EXHIBIT C
Certificate of Guarantee
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: TRI STATE MECHANICAL
(Name of Contractor)
TO: City of Port Arthur
(Local Public Agent)
REFERENCE CONTRACT between Tri State Mechanical and All Star Specialty
Construction for the construction of the waterlines and other utility lines for the 9`" Avenue
Station Apartment Project
KNOW ALL MEN BY THESE PRESENTS:
Tri State Mechanical does hereby guarantee, to the City of Port Arthur, all of the
work, relative to the City water lines, 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 that such payment would not be made except
upon the truth of the matter contained in this affidavit.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument
h~a ~
this ~ Z day of ~I7~Ye l , 20~.
~jP.rnen /~ y';a~~vP~l~ (SEAL)
(President)
(Signature and Title of Officer)
~f'rr ov, /~ri of..~~~I/ ,being first duly sworn on oath, deposes and says,
(Affiant)
Page 1 of 2
first, that he is the //'GS • of the ~l ~~-~~~
(Title)
~gG ~ij ~ y~ Zr~, / ,second, that he has read the foregoing
(Name of Company)
certificate by him subscribed as f~/'G.S of the / Yi' ,f-~Gi~r_
(Title)
/~lfl,1,~. ~ ~ c~ / Affiant further states that the matters
(Name of Company)
and things stated herein are true.
(Affiant) Subscribed and sworn to before me this 2 ~ day of
20 0 s.
nny commission expires on: ' a~ ~~'~
(Date)
'„~'~~'"'~t CONNIE SEMI
•; Notary Public, State of Texas
~ tdy Commission Exµres '
~'e,'~;„~ June 24, 4009 ~~~- - Cu
(Notary)
Page 2 of 2
EXHIBIT D
CERTIFICATE OFACCEPTANCE
FOR
Construction of the Public Water System
to Serve the 9th Avenue Station Apartments
IN THE
CITY OF PORT ARTHUR
To: Madison Clearview Port Arthur, LP
Tri State Mechanical
Gentlemen:
This is to certify that the City of Port Arthur, Texas, accepts the completion of the public water
system for the above development on the basis of the Engineer's Certificate of Completion executed
by Stanley Newsome, Jr., P.E., and the Contractor's Certificate of Guazantee and the Contractor's
Certificate and Release, both executed by Vernon Bridwell, President, of Tri State Mechanical.
Stephen Fitzgibbons
City Manager
ATTEST:
Terri Hanks
City Secretary