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HomeMy WebLinkAboutPR 15347 COMPLETION OF PHASE 2 WATER AND SEWERMEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Stephen Fitzgibbons, City Manager FROM: Kelly Eldridge, Director of Utility Operations J~ ///I G~~~ DATE: June 30, 2009 ~~YY SUBJECT: Proposed Resolution No. 15347 COMMENTS RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 15347, which accepts Engineer's Certificate of Completion from Arceneaux: & Gates Consulting Engineers, and Contractor's Certificate of Guarantee from PA69, L.P., and Contractor's Certificate and Rele from LaGrone Services, Ltd. (LSI) for the completion of public improvements to include the pu water and sewer system in the Port Plaza Centre - :Phase Two development. BACKGROUND PA69, L.P. developed a tract of land for the construction of a commercial business center (Port Pl. Center) on SH 69 in front of the Medical Center of Southeast Texas. This development was done two (2) phases. PA69, L.P. has granted the City easements for these utilities via the plat of development. Their contractor, LaGrone Services, Ltd. subsequently performed this work accordance with City Standards and the improvements are ready for acceptance by the City. Thy particular public improvements will provide water and sanitary sewer services to the Cheddar's try along with adjacent vacant restaurant/retail pad sites, and a hotel site in the rear of the prope facing Medical Center Blvd. As-built drawings have been provided to the Engineering Division their files. BUDGET/FISCAL EFFECT None. According to their consulting engineer, the actual costs of these improvements was $61 for the water system and $90,257 for the sewer system. STAFF/EMPLOYEE EFFECT City staff attended the Final Inspection of these utilities to verify conformance with City m m SUMMARY Approval of Proposed Resolution No. 15347 is recommended. P.R. No. 1: 06/3 RESOLUTION NO. A RESOLUTION AUTHORIZING ACCEPTANCE OF AN ENGINEER'S CERTIFICATE OF COMPLETION FROM ARCENEAUX & GATES CONSULTING ENGINEERS, A CONTRACTOR'S CERTIFICATE AND RELEASE FROM LAGRONE SERVICES, LTD., AND CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM PA69, L.P. FOR THE COMPLETION OF PUBLIC IMPROVEMENTS (WATER & SEWER UTILITIES) TO SERVE THE PORT PLAZA CENTER - PHASE TWO DEVELOPMENT, AND AUTHORIZING THE CITY MANAGER TO SIGN THE CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE CITY OF PORT ARTHUR, TEXAS. WHEREAS, PA69, L.P. planned and develloped a tract, or tracts, of land for the purpose constructing a commercial center; and, WHEREAS, PA69, L.P. granted utility easements for these public improvements; and, WHEREAS, PA69, L.P. contracted with .LaGrone Services, Ltd. for construction of ~ public water and sewer systems throughout this development; and, WHEREAS, the City has received an Engineer's Certificate of Completion dated May 2009 from Marc A. Ochoa, P.E., of Arceneaux & Gates Consulting Engineers, certifying that water and sewer systems in the Port Plaza Centre -Phase Two project have been complE according to City Standards, copy attached hereto a.nd made a part hereof as Exhibit "A", togei with a Contractor's Certificate and Release (E;~hibit "B") executed by Kerry R. LaGrc 7 of President/Managing General Partner of LaGrone Services, Ltd., and a Contractor's Certificate of Guarantee (Exhibit "C") executed by Kerry R. LaGrone, General Partner of PA69, L.P.; THEREFORE, P.R. No. 15347 06/30 09 Pae 2 BE IT RESOLVED BY THE CITY COi7NCIL OF THE CITY OF PORT ARTHU 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 e completion of the public water and sewer infrastructure in the Port Plaza. Centre -Phase Two prof ct. 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 a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers: NOES: ATTEST: Terri Hanks City Secretary Deloris Prince Mayor APPROVED S TO FORM: _..~ Mark Soko / ~~~, N• n L ~ City Attorney (~ "^J`"f APPROVED: Stephen Fitzgibbons City Manager a-c_ Ross Blackketter, PE Director of Public Works Kelly El idge Director of Utility Operations EXHIBIT A ENGINEER'S CERTIFICATE OF COMPLETION Project: PORT PLAZA CENTRE -PHASE T`JVO Date Of Issuance: May 26, 2009 Owner(s): PA69 LTD., KERRY R. LAGRONE, GENERAL PARTNER Owner's Project No.: LSI-230, Contract No. 1 Engineer: ARCENEAUX & GATES CONSULTING ENGINEERS, INC. Contractor: LAGRONE SERVICES, ITfC. This Engineer's Certificate of Completion applies to all Work under the Contract Documents o to the following specified parts thereof TO PA69 LTD. AND THE CITY OF PORT ARTHUR [OWIVERj AND TO LAGRONE SERVICES. INC.. [CONTf2ACTORj The Work to which this Certificate applies has been inspected by authorized repres Owner, Contractor and Engineer, and that Work :is hereby declared to be complete in with the Contract Documents on of May 26„ 2009 DATE OF COIMPLETION Executed by Engineer on ~A y 2~ , 2009 r G,~~ ~ '`e:•'' ~* *~ BY: ~ ARCENE UX 8 GATES CONSULTING ENGINEERS, INC. TEXAS REGISTERED ENGINEERING FIRM F-30 MARL A. OC .o :~ 98426 jti t 2ss%~NA~ F [SEAL] v[ EXHIBIT B CONTRACTOR'S CERTIFICATE AND RELEASE FROM: _ LaGrone Services Ltd. (LSn (Name of Contractor) TO: City of Port Arthur (Owner) REFERENCE CONTRACT NO. N/A _ENTERED INTO THE N/A DA OF N/A ,BETWEEN THE N/A AND N/A (Name of Contractor) OF _ N/A (City) (State) FOR THE Port Plaza Centre -Phase Two (Name of Project) KNOW ALL MEN BY THESE PRESENTS: 1. The undersigned hereby certifies that there is due from, and payable by, the Owner t the Contractor under the contract and duly approved Change Orders and modifications the balan e of No Dollars and 00/100 0.00 2. The undersigned further certifies that in addition to the amount set forth in Paragraph 1, ther are outstanding and unsettled the following items which he claims are just and due and owing b the Owner to the Contractor: (a) None (b) None (c) None (d) _ None (Itemize claims anal amounts due) (If none, so state) _ 3. The undersigned further certifies that all work required under this contract, including work req fired under Change Order(s) numbered zero(o) has been performe in accordance with the terms thereof, and that there are no unpaid claims for materials, suppli s, or equipment and no claims of laborers or mechanics for unpaid wages arising out of the perfo ante of this contract, and that the wage rates paid by the Contractor were in conformity with the co tract provisions relating to said wage rates. 4. Except for the amounts stated under Paragraphs 1 and 2 hereof, the undersigned has received om the Owner all sums of money payable to the; undersigned under, or pursuant to, the ove mentioned contract or any modifications or change thereof. 5. That in consideration of the payment of the amount stated in Paragraph 1 hereof, the undersi ed does hereby release the Owner and Operator from any and all claims arising under or by vi e of this contract, except the amount listed in Parajraph 2 hereof due from the Owner; prov 'ded, however, that if for any reason the Owner does not pay in full the amount stated in Paragr ph 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 amount which the Contractor has not rel ased but will release upon payment thereof. The Contf•actor further certifies that upon the payment f the amount listed in Paragraph 2 hereof, and of any ~arnount which may be deducted from Paragr ph 1 hereof, he will release the Owner and Operator :From any and all claims of any nature whats ever arising out of said contract or modification thereof, and will execute such further releas s or assurances as the Owner and Operator may request. 1 i ;7' IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this+~ / ~ day of , 20~ [SEALi LaGrone Services, LTL (Contractor) BY: ` (Sign ture and Title of Officer) LCD -/~~s y ~~~ ~~ `~ Vr` ~I "being first duly sworn on (Affiant) he is the / ~~~ of LaGrone Se-rvices, Ltd. (Title) (Name of Company] second, that he has read the foregoing certificate by him subscribed as oath, deposes and says, first, !1 -_ t ~~~ (Title) of LaGrc (Name of Company) Affiant further states that the matters and things stated herein are true. Subscribed and sworn to before me thisC~ dray of 20 ~~~. My commission expires ~~ IvZ~~a©~ (Date) • ' y -~:••• ~ ~~ ~ ANABELLE D DRAKE N St te ~ T * , ~ a X2011 U3' ':~a~t. COt4~ffl. Exp. that 2 EXHIBIT C LSl-~ .3~ CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM: PA69 L.P. TO:_ City of Port Arthur FOR: Port Plaza Centre -Phase Two REFERENCE CONTRACT NO. N/A ENTERED INTO THE N/A D Y OF N/A BETWEEN THE N/A AND N/A OF N/A FOR: N/A i KNOW ALL MEN BY THESE PRESENTS: ~ I 1. PA69. L.P. does hereby guarantee all of the work done under the above referenced c ntract to be free from faulty materials in every particular, and free from improper workmansh p, and against injury from proper and usual wear; and agrees to replace or re-execute without cos to the Owner and Operator such work as may be four-d to be improper or imperfect, and to make g pod 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 wor under this Contract, as evidenced by the Engineer's Certificate of Completion. 3. This Certificate is given in connection of the final payment under the contract between the caner and PA69, L.P. and with the knowledge that: it will be relied upon in making such paym nt and that such payment would not be made except upon the truth of the matter contained in this of idavit. 1/2 I IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this of ~ , 20~. i [CORPORATE SEAL] PAE>9 L.P. (Contractor) ~~ ~~o~ -~~r~~~ , ~~ _ -~~ GEC, ~~~ ,being first duly sworn on oath, deposes and says, he is the i d~~ / `~~ (~ \~ second, that he has read the foregoing certificate by him subscribed as L.P. Affiant further states that the matters and things stated herein are true. Subscribed and sworn to before me this ~ day of 20a~ . My commission expires 03~~ylao~, (Date) :~ 1PP°°e~; ~., ANABELLE D DRAKE so' `~ NOTARY PUBLIC i * ~•' * ` State of Texas ' ~';+;~a:~p`••'• Comm. Exp.03-29-2011 (Votary Public) 2/2. that (Affiant) EXHIBIT D CERTIFICATE OF ACCEPTANCE FOR Construction of the Public mater and Sewer Systems to Serve the Port Plaza Center- Phase Two For PA6.9, L.P. IN THE CITY OF PORT ARTHUR TO: PA69, L.P. Gentlemen: This is to certify that the City of Port Arthur, Texas, accepts the completion of the public water a~hd sewer systems for the above development on the basis of the Engineer's Certificate of Complete n, the Contractor's Certificate of Guarantee, and the Contractor's Certificate and Release, executed~y Kerry R. LaGrone, of PA69, L.P. and LaGrone Services, Ltd. ~I II Stephen Fitzgibbons City Manager ATTEST: Terri Hanks City Secretary