HomeMy WebLinkAboutPR 15666: ACCEPTANCE OF ANGEL TRACE PHASE I SUBDIVISION INFRASTRUCTUREPUBLIC WORKS DEPARTMENT
COUNCIL ACTION MEMO
TO Stephen B. Fitzgibbons, City Manager
FROM Ross E. Blackketter, P.E., Director of Public Works
SUB7ECT P.R. #15666 - Acceptance of Angel Trace Phase I Subdivision
Infrastructure
DATE 09 December 2009
RECOMMENDATION:
I recommend that the City Council approve Proposed Resolution No. 15666, accepting
an Engineer's Certificate of Completion, Contractor's Certificate and Release, and
Contractor's Certificate of Guarantee; and issuing a Certificate of Acceptance for public
infrastructure for Angel Trace Phase I Subdivision.
BACKGROUND:
All proposed roadway, drainage, water, and sanitary sewer improvements for Angel
Trace Phase I Subdivision 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, with the exception of some minor issues with the roadway
construction. This acceptance will be contingent upon the completion of the roadway
repairs to the satisfaction of the Director of Public Works.
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. 15666; accepting
an Engineer's Certificate of Completion, Contractor's Certificate and Release, and
Contractor's Certificate of Guarantee; and issuing a Certificate of Acceptance for public
infrastructure for Angel Trace Phase I Subdivision.
~ Cam,.-L,
Ross E. Blackketter, P.E.
Director of Public Works
REB/reb
Z:\engineer\documents\CAMS\Angel Trace Infra Accept.doc
Chicory Court-Brittany Place II LP
5420 LBJ Freeway, Suite 1235
Two Lincoln Centre
Dallas, TX 75240
November 18, 2009
City of Port Arthur
444 4'h Street
PortArthur, Texas 77640
Attn: Mr. Ross Blackketter, P.E.
Re: Angel Trace Phase I Subdivision
Gentlemen:
I, Dewey Stevens, am the Vice-President of Chicory Court-Brittany Place II LP. We are the
owners of the Angel Trace Phase I Subdivision. We request that the improvements constructed
within the subject subdivision be accepted into the system of the City and that the City take
ownership of these improvements. We understand that the maintenance of these facilities will
not be with the City until one-year has passed based on the date of the City acceptance. Other
information such as Contractors Guarantee, Contractors Release, Engineers Certification, etc.
has been sent to you.under separate cover.
P.R. 15666
12/09/09 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 ODYSSEY RESIDENTIAL CONSTRUCTION III,
LP FOR ANGEL TRACE PHASE I SUBDIVISION 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 Angel Trace Phase I Subdivision
Infrastructure Improvements, an Engineer's Certificate of Completion, dated November
13, 2009, from Stanley G. Newsome, Jr., P.E. (attached as Exhibit "A'~, a Contractor's
Certificate and Release, dated November 19, 2009, from Odyssey ,Residential
Construction III, LP (attached as Exhibit "B'~, and a Contractor's Certificate of
Guarantee, dated November 19, 2009; from Odyssey Residential Construction III, LP
(attached as Exhibit "C'~, certifying that the public infrastructure improvements have
been completed; and,
WHEREAS, there are some minor issues with the roadway construction; and,
WHEREAS, representatives from the Public Works Department and Utility
Operations Department have inspected the otherwise 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,
P. R. 15666
Page 2
THAT, the City Manager is hereby authorized to execute, on behalf of the City of
Port Arthur, a Certificate of Acceptance to Chicory Court-Brittany Place II LP for the
public infrastructure improvements associated with Angel Trace Phase I Subdivision, "
attached and made a part hereof as Exhibit "D"; and,
THAT, this acceptance is contingent upon the completion of the roadway repairs
to the satisfaction of the Director of Public Works; 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
ata_
Ayes:
Coun~
meeting of the City of Port Arthur, Texas by the following vote:
Mayor:
Mayor
Attest:
City Secretary
APPROVED FOR ADMINISTRATION:
~/~ `%'~~
Stephen B. Fitzgibbons
City Manager
AS TQ FORM:
City Attor
~ /~C~\
Ross E. Blackketter, P.E.
Director of Public Works
Z: \engineer\Documents\Resolutions\PR15666.doc
EXHIBIT A
Stanley G. Newsome, Jr., P.E.
Consulting Engineer
enek~some(rd et.rr.com
November 13, 2009
City of Port Arthur
P.O. Box 1089
Port Arthur, Texas 77641-1089
Attn: Mr. Ross Blackketter, P.E.
3737 Doctors Drive
Port Arthur, Texas 77642
Phone:409-983-2004,ce11409-718-0612
Fax:409-983-2005
Re: Subdivision Improvements Angel Trace Phase I
ENGINEERS CERTIFICATE
Gentlemen:
I, Stanley G. Newsome, Jr., P.E., hereby certify that the water, sewer, drainage
and paving constructed within the above referenced subdivision was installed in general
conformance with the approved plans and specifications, save and except the streetlights
and the sidewalks. The streetlights will be installed by Entergy at a cost of $51,425.62 to
be paid to Entergy by Odyssey Residential Construction III, LP and the sidewalks will be
installed as the housing units aze constructed. A certificate of occupancy shall not be
issued for each individual lot unless the sidewalk is installed and acceptable to the City
Inspection Dept.
A complete set of testing reports will be sent under separate cover. Should you
have any questions, please call.
Respectfully submitted,
S ey .~Jr., P. .
Protect Engineer
c.
Tri State Mechanical
Mr. Dewey Stevens
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EXHIBIT B
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: ODYSSEY RESIDENTIAL CONSTRUCTION I_II LP
5420 LBJ FREEWAY, SUITE 1235
DALLAS, TEXAS 75240
(Name of Contractor)
TO: The City of Port Arthur
(Local Public Agent)
REFERENCE CONTRACT NO. NA ENTERED INTO THE
DAY OF ,BETWEEN THE
CITY OF PORT ARTHUR HOUSING AUTHORITY
AND OdVssey Residential Construction. III, LP
(Name of Company)
Dallas Texas
(CITY) (STATE)
FOR THE Construction of ANGEL TRACE PHASE I SUBDIVISION.
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
1. 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 ZERO
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
claims are just and due and. owing by the City to the Contractor;
(a)NONE
(b)
Page 1 of 3
(c)
(d)
(Itemize claims and amounts due) (if none, so state)
3. 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 thatthe wage rates paid
by the Contractor and all Subcontractors were in conformity 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 City of Port Arthur all sums of money payable to the
undersigned under or pursuant to the above mentioned contract or any modification
or change thereof.
5. 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 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 Odyssey Residential
Construction iii, LP 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
Contractorfurtherceitifies that upon the payment ofthe 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 19 day of November , 2009.
Odyssey Residential Construction III, LP (SEAL)
(Contractor)
we Stevens Sr. Vice President
ure and Title of Officer) ~/~
Page 2 of 3
being first duly sworn on oath, deposes and says,
(Affiant)
first that he is the SR' Vice President of the
(Title)
ODYSSEY RESIDENTIAL CONSTRUCTION III, LP
-(Name of Company)
second, that he has read the foregoing certificate by him subscribed as
Sr. Vice President of the
(Title)
ODYSSEY RESIDENTIAL CONSTRUCTION III, LP
(Name of Company)
Affiant further states that the matters and things stated herein are true.
(Affiant)
Subscribed and sworn to before me this ~ 9 day of D ~
2009.
My commission expires °?~oz~~~~--
(Date)
~t-ovic~ ~/~
~~vh"~;,; MARISAVAS~UQ
`"~ '" MY COMMISSION EI(PIRES
`{qf' Febmary2,2012
Lf,„p ~.t,: .
(Notary)
Page 3 of 3
EXHIBIT C
fi
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: ODYSSEY RESIDENTIAL CONSTRUCTION III, LP , 5420 LBJ Freeway,
Suite 1235, Dallas, Texas 75240
(Name of Contractor)
TO: City of Port Arthur
(Local Public Agent)
REFERENCE CONTRACT NO. N/A ENTERED INTO THE
DAY OF ,BETWEEN THE
CITY OF PORT ARTHUR HOUSING AUTHORITY
AND ODYSSEY RESIDENTION CONSTRUCTION III, LP
OF DALLAS, TEXAS
(CITY) (STATE)
FOR THE Construction of ANGEL TRACE PHASE I SUBDIVISION
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
ODYSSEY RESIDENTIAL CONSTRUCTION III, LP does hereby guarantee all of
the work done as noted above 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.
3. 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
this 19 day of November , 20 09 .
Page 1 of 2
Dewey Stevens (SEAL)
~~ (Sr. Vice President)
~n
and Title of Officer)
being first duly sworn on oath, deposes and says,
(Affiant)
first, that he is the Sr. Vice President of the
(Title)
ODYSSEY RESIDENTIAL CONSTRUCTION III. LP
(Name of Company)
second, that he has read the foregoing certificate by him subscribed as
~V_President of the
(Title)
LP
(Name of
Affiant further states that the matters and things stated herein are true.
(Affiant) Subscribed and sworn to before me this ~~ day of t
2009
My commission expires ~~Da2~oz0/~--
(Date)
~.
~,,,~„ /~~ Q/J 9Gr
fe~'""~:; MAfllsavasou¢ (Notary)
~"~ '' MV COMMISSION EXPIFES '
,tik.i ~ ~ February 2, 2012
Page 2 of 2
EXHIBIT D
CERTIFICATE OF ACCEPTANCE
FOR
Completion of Streets, Drainage, Water, Sewer, and Other Public
Infrastructure Improvements for Angel Trace Phase I Subdivision
IN THE
CITY OF PORT ARTHUR
T0: Chicory Court-Brittany Place YI LP
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 Angel Trace Phase I Subdivision, on the basis of the Engineer's
Certificate of Completion ~as executed by Stanley G. Newsome, Jr., P.E.; and the
Contractors Certificate of Guarantee and Contractor's Certificate and Release, both as
executed by Dewey Stevens of Odyssey Residential Construction III, LP
Stephen B. Fitrgibbons
City Manager
Attest:
City Secretary