HomeMy WebLinkAboutPR 15729: PORT ARTHUR RV RESORT PHASE I (2950 WEST FM 365)MEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Stephen Fitzgibbons, City Manager
FROM: Kelly Eldridge, Duector of Utility Operations
DATE: February 1, 2010
SUBJECT: Proposed Resolution No. 15729
COMMENTS
I recommend that the City Council approve Proposed Resolution No. 15729, which accepts the
Engineer's Certificate of Completion executed by Amold Pierce, P.E., of JJAT Property
Development LLC, a Contractor's Certificate and Release, and Contractor's Certificate of Guarantee,
both executed by John R. Plake III, of Placo, Ltd., for the completion of the public water system
improvements to serve Port Arthur RV Resort Phase I at 2950 West FM 365.
BACKGROUND
The new Port Arthur RV Resort at 2950 West FM 365 west of Jade Avenue required the
installation/extension ofthe public water system to provide service to this development. The water
system was extended across FM 365 in two locations to provide fire and domestic water service.
Sewer for the development was already available via a lazge trunk sewer line passing through this
area. An inspection of the public water system has been conducted. With the exception of the `As-
Built' drawings currently being completed we have received all the required paperwork, and this
system is ready for acceptance by the City Council. Note that this is a phased development, and the
water line loop as required by City Ordinance has not been completed in this phase. However, the
Fire Department has approved this change in the proposed plans.
BUDGET/FISCAL EFFECT
None. Their engineer estimates the value of the water system improvements at $44,840.00.
STAFF/EMPLOYEE EFFECT
City staff attended the Final Inspection of these utilities to.verify conformance with City Standards.
SUMMARY
Approval of Proposed Resolution No. -15729 is recommended.
cc: Fire Chief
Director of Finance
P.R. No. 15729
02/01/10
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF THE
ENGINEER'S CERTIFICATE OF COMPLETION FROM ARNOLD
PIERCE, P.E. OF JJAT PROPERTY DEVELOPMENT, LLC, AND
THE CONTRACTOR'S CERTIFICATE AND RELEASE AND
CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM
PLACO, LTD. FOR THE COMPLETION OF PUBLIC WATER
SYSTEM IMPROVEMENTS TO SERVE THE PORT ARTHUR RV
RESORT PHASE I AT 2950 WEST FM 365, AND AUTHORIZING
THE CITY MANAGER TO SIGN THE CERTIFICATE OF
ACCEPTANCE ON BEHALF OF THE CITY OF PORT ARTHUR,
TEXAS.
WHEREAS, JJAT Property Development LLC contracted with Placo, Ltd. to construct
improvements to serve Port Arthur RV Resort at 2950 West FM 365 that required the extension of
the public water system to provide service; and,
WHEREAS; by Resolution 08-486, dated December 16, 2008, City Council accepted utility
easements for these public improvements from JJAT Property Development LLC; and,
WHEREAS, Placo, Ltd. constructed the public water.-and sewer systems to serve this
property (Phase I only); and,
WHEREAS, the City has received an Engineer's Certificate ofCompletion dated January 27,
2010 from Arnold Pierce, P.E., of JJAT Property Development LLC, certifying that the water
systems in Phase I of 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 Guazantee (Exhibit C) executed by John R. Plake, III,
Owner, Placo, Ltd.; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
P.R. No. 15729
02/Ol/10
Page 2
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 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
2010 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
ATTEST:
Tem Hanks
City Secretary
APPROVED AS TO FORM:
izeno
Acting City Attorney
P.R. No. 15729
02/01/10
Page 3
APPROVED FOR ADMINISTRATION:
Stephen Fitzgibbons
City Manager
Ross Blackketter, PE
Director of Public Works
Kelly E d^ridg~
Director of Utility Operations
EXHIBIT A
.IJ.~.~"PROP~R?1J D~'V~LOP~I~~V'~"l.L.C.
P.O. BOX ~z71i
BE.~ZL~1091f'I; ~"~C.~S: 7772&
January 27, 2414
City of Port Arthur
P. O. Box 1089
Port Arthur, TX 77t341>1088
Atten#ion: Mr. Kelley Eldridge
Re: t=ire Water Line(S)
Port Arthur RV Resort
2950 West Highway 365
ENG[NEERS CERTIFICATE
Gentlemen:
1, Amold Pierce, P.E., hereby cortify that the Fire Wafer Line(s), both the Ea"st
Line Segment and West line Segment, for the above refiereneed Port Arthur:RV Resort
was constructed in general conformance with the approved plans and speafications.
The hydrostatic pressure tests anal bacteria testing for each. Fire Uvater Line Segment
was done and. witnessed by your Mr. Warren Guidrey. AIt tests passed.
We request that troth. Fire Water Line Segments (bath the East and VYest Line
Segments) be accepted by the City of Port Arthur. Should you have any questions,
please call,
Respectful l~ynSubmitted,
~~m~ ~ttntic-
Arnold Pierce, P.E.
t'roject Engineer
apiercepe@s!>cgtobal. net
cc: hAr. Ross Biackketter, F'.E. ~- City Engineer
J.J.Pc.T. Property Development, L.L.C. -Project Owner
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JJ.~I~PROPPR~ D~'VEGOPablE9Y'~L.L.C.
P.O. BOX i27u
BE,~tz.1.~bYO.N'r 2"EX.~IS 77726
January 27, 2010
City of Port Arthur
P. 0. Box 1089
Port Arthur, TX 77641-1089
Attention: Mr. Kelley Eldridge
Re: Fire Water Line(s)
Port Arthur RV Resort
2950 West Highway 365
ENGINEERS CERTIFICATE
Gentlemen:
I, Arnold Pierce, P.E., hereby certify that the Fire Water Line(s), both the East
Line Segment and West Line Segment, for the above referenced Port Arthur RV Resort
was constructed in general conformance with the approved plans and specifications.
The hydrostatic pressure tests and.bacteria testing for each Fire Water Line Segment
was done and witnessed by your Mr. Warren Guidrey. All tests passed.
We request that both Fire Water Line Segments (both the East and West Line
Segments) be accepted by the City of Port Arthur. Should you have any questions,
please call.
Respectfully Submitted,
Amold Pierce, P.E.
Project Engineer
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cc: Mr. Ross Blackketter, P.E. -City Engineer
J.J.A.T. Property Development, L.L.C. -Project Owner
EXHIBIT B
CONTRACTOR'S CERTIFICATE AN® RELEASE
FROM: Placo Ltd.
(Name of Contractor)
TO: Cit of Port Arthur
(Local Public Agent)
REFERENCE CONTRACT NO.(Permit No 09-00001776) ENTERED INTO THE 2nd
DAY OF April 2009, BETWEEN THE
CITY OF PORT ARTHUR OF JEFFERSON COUNTY, TEXAS
AND Placo Ltd.
(Name of Company)
OF P. O. Box 8120 Lumberton Texas 77657
(CITY) (STATE)
FOR THE Fire Waterline and Appurtenances
(Name of Operations)
OF THE Port Arthur RV Resort 2950 W Hwv 365 Port Arthur Texas 77640 (J.J.A.T.
Progertv Development LLC. (Name of 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
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;
(aZNone
(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 0:00 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.
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 the City of PortArthur does not pay
in full the amount stated in paragraph.l 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 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 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 23rd day of November, 2009.
_ (SEAL).
(Contractor)
and
Page 2 of 3
John R Plake III ~ being first duly sworn on oath, deposes and says,
(Affiant}
first that he is the Owner of the Company
(Title)
Plato, Ltd.
(Name of Company}
second, that he has read the foregoing certificate 6y him subscribed as
Owner of the Company
Plato Ltd.
(Name of Company)
Affiant further states that the matters
and things stated herein are true.
/./rl..
(Affi nt)
Subscribed and sworn to before me this 23`' day of November 2009.
My commission expires O'~•v ,~- ~v; a
(Date)
,,°SeaY~P~a~,,, CARLENE WEIKEL
?r°'' ~' Nntary Puhlic State of Tezas ~
`~,,_ Commission Expires ?
'Ni`... PF 1
"%"?FOF~~ APRIL 3, 2010
(Notary)
Page 3 of 3
EXHIBIT C
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: Plato. Ltd.
(Name of Contractor)
TO: City of Port Arthur
(Local Public Agent)
REFERENCE CONTRACT NO. (Permit No. 09-00001776) ENTERED INTO THE
2nd DAY OF April 2009, BETWEEN THE
CITY OF PORT ARTHUR OF JEFFERSON COUNTY, TEXAS
AND Plato Ltd.
OF P O Box 8120 Lumberton Texas 77657
(CITY) (STATE)
FOR THE Fire Waterline and Appurtenances
(Name of Operations)
OF THE Port Arthur RV Resort 2950 W. Hwv. 365, Port Arthur, Texas 77640,
(J J.A T Property Development LLC.I
(Name of Project)
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL-MEN BY THESE PRESENTS:
Plato Ltd. doss 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-execute without cost to the Owner such
work as may be found to be improper or impertect, 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 vvork under this Contract, as evidenced by the certificate.
This Certificate is given in connection of the final payment under the contract
between the City of Port Arthur and Plato Ltd. 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.
Page 1 of 2
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument
this 23rd day of November , 2009.
John R. Plake. III (SEAL)
Owner
(Si nature an Titl of Officer)
John R. Plake. III ,being first duly sworn on oath, deposes and says,
(Affiant)
first, that he is the Owner of the Company
(Title)
Placo, ltd.
(Name of Company)
second, that he has read the foregoing certificate by him subscribed as
Owner of the Company
(Title)
Placo, Ltd_
(Name of
Affiant further states that the matters and things stated herein are tr ,
1~!~ ~ ~~ '
(Affi~nt)
Subscribed and sworn to before me this 23rd day of November, 2009.
My commission expires d ~~a 3- . v: ~~
(Date)
,.aws}Y~Pye~", CARLENE WEIKEL
~~_°'~ ~~= Notary Public State of Texas ~A~~ Jf~~,_ ~ r~ ~/ ~~1~
,~.~P„ Commission Expires t'
"",?~FOF'~~'` APRIL 3, 2070 (Notary)
Page 2 of 2
E~-IIBIT D
CERTIFICATE OF ACCEPTANCE
FOR
Public Water System Improvements to Serve the
POR'g' ARTHUR RV RESORT
IN THE
CITY OF PORT ARTHUR
TO: JJAT Property Development LLC
Placo, Ltd.
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 Arnold Pierce, P.E., the
Contractor's Certificate and Release, and the Contractor's Certificate ofGuarantee, both executed by
John R. Plake, III, Owner, Placo, Ltd.
Stephen Fitzgibbons
City Manager
ATTEST:
Terri Hanks
City Secretary