HomeMy WebLinkAboutPR 15645: AARON'S RENTAL CENTER - COMPLETION OF PUBLIC WATER/SEWER SYSTEM IMPROVEMENTSMEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Stephen Fitzgibbons, City Manager /
FROM: Kelly Eldridge, Director of Utility Operations lL C~~~~g
DATE: November 23, 2009
SUBJECT: Proposed Resolution No. 15645
COMMENTS
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 15645, which accepts the
Engineer's Certificate of Completion, Contractor's Certificate of, Guazantee, and Contractor's
Certificate.and Release from A-1 Striping and Paving Company/Live Oak Express Realty, LTD, for
the completion of public water and sewer system improvements to serve Tracts 1, 2, and 3 of the
5.907 acre replat out of Lot 8, Block 8, Range G in the PALCO Subdivision, Vol. 1, Page 22,
M.R.J.C., Port Arthur, Texas, Jefferson county - Aazon's Rental Center.
BACKGROUND
The new Aazon's Rental Center on SH 347 neaz the 53rd St. ROW required the installation/extension
of the public water and sewer system to provide service to this area. The water system was extended
across Walmart property along a DD7 ditch then south past the driveway for Aaron's Rental Center,
where they installed a fire hydrant. A new sewer line was extended south behind the frontage lots
just past Aazon's. An inspection of the public water and sewer systems has been conducted. We
received all the required paperwork, and this system is ready for acceptance by the City Council..
BUDGET/FISCAL EFFECT
None..Their engineer estimates the value of the water system improvements at $100,000 and the
sewer system improvements at $75,000.
STAFF/EMPLOYEE EFFECT
City staff attended the Final Inspection of these utilities to verify conformance with City Standazds.
SUMMARY
Approval of Proposed Resolution No. 15645 is recommended.
P.R. No. 15645
11/23/09
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF THE
ENGINEER'S CERTIFICATE OF COMPLETION FROM MARK
OCHOA, P.E. OF ARCENEAUX AND GATES CONSULTING
ENGINEERS, INC., AND THE CONTRACTOR'S CERTIFICATE
AND RELEASE AND CONTRACTOR'S CERTIFICATE OF
GUARANTEE FROM A-1 STRIPING AND PAVING
COMPANY/LIVE OAK EXPRESS REALTY, LTD. FOR THE
COMPLETION OF PUBLIC WATER SYSTEM IMPROVEMENTS
TO SERVE THE TRACTS 1, 2, AND 3 OF THE 5.907 ACRE
REPEAT OUT OF LOT 8, BLOCK 8, RANGE G IN THE PORT
ARTHUR LAND COMPANY SUBDIVISION, VOL. 1, PAGE 22,
M.R.J.C., PORT ARTHUR, TEXAS, JEFFERSON COUNTY -
AARON'S RENTAL CENTER, AND AUTHORIZING THE CITY
MANAGER TO SIGN THE CERTIFICATE OF ACCEPTANCE ON
BEHALF OF THE CITY OF PORT ARTHUR, TEXAS.
WHEREAS, the A-1 Striping and. Paving Company/Live Oak Express Realty, LTD.
constructed improvements to serve Tracts 1, 2, and 3 of the 5.907 acre replat out of Lot 8, Block 8,
Range G in the PALCO Subdivision, Vol. 1, Page 22, M.R.J.C., Port Arthur, Texas, Jefferson County
- Aazon's Rental Center that required the extension of the public water and sewer systems to provide
service; and,
WHEREAS, the A-1 Striping and Paving Company/Live Oak Express Realty, LTD granted
utility easements for these public improvements; and,
WHEREAS, the A-1 Striping and Paving Company/Live Oak Express Realty, LTD.
constructed the public water and sewer systems to serve this property; and,
WHEREAS, the City has received an Engineer's Certificate of Completion dated November
20; 2009 from Mark Ochoa, PE of Arceneaux and Gates Consulting. Engineers, Inc., certifying that.
P.R No. 15645
11/23/09
Page 2
the water and sewer systems in the project have 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) executed by Robert H.
Cranshaw, Jr. Managing Partner, A-1 Striping and Paving Company/Live Oak Express Realty, 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
execute on behalf of the City of Port Arthur a Certificate of Acceptance (Exhibit D) for the
completion of the public water and sewer 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
P.R. No. 15645
I I/23/09
Page 3
ATTEST:-.
Terri Hanks
City Secretary
APPROVED AS TO FORM:
Valecia Tizeno
Acting City Attorney
APPROVED FOR~ADMIPiISTRATION:
Stephen Fitzgibbons
City Manager .
_~~
Ross Blackketter, PE
Director of Public Works
I~- ~, r~ _a~, -
Kelly dr~dge
Director of Utility Operations
EXHIBIT A
ENGINEER'S CERTIFICATE OF COMPLETION
Project: Aaron's Rental Center
Date Of Lssuance:
Owner(s): Live Oak Express Realty, LTD.
Owner's Project No.: ,Contract No. 1
Engineer: Arceneaux & Gates Consulting Engineers, Inc.
Contractor: A-I Striping and Paving.
This Engineer's Certificate of Completion applies to all Work under the Contract Documents or to
the following specified parts thereof:
TO Live Oak Express Realty LTD -
[OWNER]
AND TO A 1 Striping and Paving
[CONTRACTOR]
The Work to which this Certificate applies has been inspected by authorized representatives of
Owner, Contractor and Engineer, and that Work is hereby declared to be complete in accordance
with the Contract Documents on
DATE OF COMPLETION
Executed by Engineer on ~~,i• 20 ~ , 2009
,...----
pgARC A. OCHO~~.,
AI R~NEAU & GATES CONSULTING ENGINEERS, INC.
[SEAL]
1/1
EXHIBIT. B
CONTRACTOR'S CERTIFICATE AND RELEASE
`FROM: A 1 Striping and Paving Company 1 Live Oak Express Realty, LTD.
(Name of Contractor)
TO: Ci of Port Arthur Tx
(Owner)
REFERENCE CONTRACT NO. ENTERED INTO THE
DAY OF ,BETWEEN THE
AND A 1 Striping and Paving Cornpanv /Live Oak Express Realty LTD.
(Name of Contractor)
OF 6221 W Sam Houston Yazkwa tvonn nousron r ~~a~ r ~ ~~
(ctv) (state) "
FOR THE Utility work on Tracts 1 2 and 3 of the 5 907 acre replat out of Lot 8 Block 8, Ran;;e G in
the Port Arthur Land Comoany Subdivision Vol 1 Pa e 22 M R J C Port Arthur Texas, Jefferson Count
and for the Aaron's Rental Center
(Name of Project)
KNOW ALL MEN BY THESE PRESENTS:
1. The undersigned hereby certifies 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 Dollars and 001100 (~0 001
2. The undersigned further certifies that in addition to the amount set forth in Pazagraph 1, there are
outstanding and unsettled the following items which he claims aze 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)
The undersigned firrther certifies that all work required under this contract, including work required
under Change Order(s) numbered 0 ,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 were in :wnformity with the contract provisions
relating to said wage rates.
4. Except for the amounts stated under Paragraphs 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
mentioned contract or any modifications or change thereof.
5. That in consideration ofthe payment, of the amount stated~in Paragraph 1 hereof, the undersigned
does hereby release the Owner and Operator from any and all claims arising under or by virtue of
this wntract, 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 Pazagraph 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
1
but will release upon payment 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 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 WITNESS WHEREOF, the undersigned has signed and sealed this instrument this ~Z+i day
of No~c>rr>~3CdZ. , 20v~.
BY:
Robert H. Cranshaw Jr. ,being first duly sworn on oath, deposes and says,
that
first,
(Affiant)
;'he is the Manat:inf; Partner of Pinnacle Alliance Fund LLC General Partner of Live
Oak Express Realty. LTD.
(ire) (Name of Company)
second, that he has read the foregoing certificate by him subscribed as Man ~g~na Partner
of Live Oak Express Realty LTD
,(Name of Company) -
Affiant further states that the matters and things stated herein are true.
(Affiant)
Subscribed and sworn to before me this ±iy,~/~: day t5f~}`[--G(.~"r`"~.~}x~L
20 ~
My commission.expires
g-+~-~~~
(Date)
~'.
~.
,... ~~~
~;.~:~4c~~;.
'pY ru•, •.~y.
-~,F .
*.
. .
>~ ~
Oq t5~1:
2
~ 1,IgIHX~
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: A 1 Striping and Paving Company /Live Oak Express Realty. LTD.
TO: City of Port Arthur. Tx
FOR: Aaron's Rental Center
.REFERENCE CONTRACT NO. ENTERED INTO THE_DAY OF
BETWEEN THE
-AND A 1 Striping and Paving Company !Live Oak Express Realty LTD.
OF.,; 6221 W. Sam Houston Pazkwa North Houston TX 77040
FOR: Utility work on Tracts 1 2 and 3 of the 5 907 acre replat out of Lot 8 Block 8, Ranee G in the
Port Arthur Land Comnanv Subdivision Vol 1 Paee 22 M.R.J.C., Port Arthur, Texas, Jefferson
Coun and for the Aaron's Rental Center
KNOW ALL MEN BY THESE PRESENTS:
1. A 1 Striping and Paving Company 7 Live Oak Express Realty LTD. does hereby guazantee
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-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 guazantee shall cover a period of one (1) year from the date of acceptance of all work under
this Contract, as evidenced by the Engineer's Certificate of Completion.
This Certificate is given in connection of the final payment under the contract between the Owner
and A 1 Striping and Paving Company /Live Oak Express Realty. tTD, 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 this 1~-~ day
of A3~T/6t`~~t~JL , 20 V r1
(Contractor)
BY:
Cranshaw, Jr. Managing Partner
1 /2
Robert H. Cranshaw Jr ,being first duly sworn on oath, deposes and says,
first that '
~he is the Manaeina Partner of Pinnacle Alliance Fund General Partner of Live Oak Exuress Realty,
LTD.. second, that he has read the foregoing certificate by him subscribed as Manage Partner
of Live Oak Ex ress Realt LTD.
Affiant further states that the matters and things states '
s
~-
Subscribed and sworn to before me•this ~~yL day"of ~ s.L'~G )~`~~~
2(~Cl ~~
`Ivly commission expires S - (~ ~ i ~
Nam) '
ter.' ,~ •~r .
(Notary Public) ~m;O~pP~ _ •.#~
:O• ~~
.~(••
• ~•
~^ .
••.,OA-~
h
}
a
Q ZI~II~~ .
s
CERTIFICATE OFACCEPTANCE
FOR
Construction of the Public Water and Sewer Systems
to Serve Tracts 1, 2, and 3 of the 5.907 acre replat
out of Lot 8, Block 8, Range G in the PALCO
Subdivision, Vol. 1, Page 22, M.R.J.C,., Port Arthur,
Texas, Jefferson .county -Aaron's Rental Center
IN THE
CITI' OF PORT ARTHUR
TO: ALLCO. Inc. & PAISD Inc.
Gentlemen:
This is to certify that the City of Port Arthur, Texas, accepts the public water system for the above
development on the basis of the Engineer's Certificate of Completion by Arceneaux and Gates
Consulting Engineers, Inc., the Contractor's Certificate of Guarantee, and the Contractor's
Certificate and Release, executed by Robert H. Cranshaw, Jr. Managing Partner, A-1 Striping and
Paving Company/Live Oak Express Realty, LTD.
Stephen Fitzgibbons
City Manager
ATTEST:
Terri Hanks
City Secretary