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P.R. 17845
09/09/13 reb
RESOLUTION NO. 1 3 . J/
A RESOLUTION AUTHORIZING ACCEPTANCE OF THE ENGINEER'S
CERTIFICATE OF COMPLETION, CONTRACTOR'S CERTIFICATE
AND RELEASE, AND CONTRACTOR'S CERTIFICATE OF
GUARANTEE FOR PORT PLAZA DRIVE PAVING AND DRAINAGE
FACILITIES 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 Port Plaza Drive Paving and Drainage
Facilities, an Engineer's Certificate of Completion, dated July 17, 2013, from Corey M.
Oldbury, P.E. of Arceneaux & Gates Consulting Engineers, Inc. (attached as Exhibit
"A "), a Contractor's Certificate and Release, dated August 6, 2013, from P.A. 69, L.P.
(attached as Exhibit "B "), and a Contractor's Certificate of Guarantee, dated August 6,
2013, from P.A. 69, L.P. (attached as Exhibit "C "), certifying that the drainage and
paving improvements have been completed; and,
WHEREAS, submittal has been made for installation of the streetlights; and,
WHEREAS, in accordance with Sec. 98 -203 (b) of the Code of Ordinances
(Subdivisions), an escrow account will be established to provide for the future
construction of sidewalks, said construction not being desired at this time; and,
WHEREAS, establishment of the aforesaid escrow account is pending
verification of sufficient funding availability from the sales tax rebate provided to the
developer; and,
WHEREAS, representatives from the Public Works Department have inspected
the otherwise completed roadway and drainage facilities; now, therefore,
P.R. 17845
Page 2
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT, the facts and opinions in the preamble are true and correct; and,
THAT, the City Manager is hereby authorized to execute, on behalf of the City of
Port Arthur, a Certificate of Acceptance to P.A. 69, L.P. for the public infrastructure
Facilities associated with Port Plaza Drive Paving and Drainage Facilities, attached and
made a part hereof as Exhibit "D "; and,
THAT, the execution of the aforesaid Certificate of Acceptance is contingent
upon verification of funding availability from the sales tax rebate provided to the
developer and the aforesaid escrow account being established; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of
the City Council. Tr v
READ, ADOPTED AND APPROVED this the > 2 day of A.D. 2013
at a d ee 'ng of the City of Port A ur, Texas by the following vote:
Ayes: Mayor: - 444i/!.Q Q,( 70 )Q tt jO
/
Cou ' members: _ �.f T / • ! ILP 1 I _ ■• •' rte:
Noes: it961 S2
p re 1 :1-0-: Ar.-;--€....
Mayor
P.R. 17845
Page 3
Attest:
1
Sherri Bellard j
City Secretary
APPROVED AS TO FORM:
Valecia Ti 'e
City Attorney
APPROVED FOR ADMINISTRATION:
Floyd T. ohns Ross E. Blackketter, P.E. %L
City M ager Director of Public Works
APPROVED AS TO AVAILABILITY OF FUNDS:
Deborah Echols
Director of Finance
S: \ engineer\ Documents \Resolutions \PR17845.docx
EXHIBIT A
ENGINEER'S CERTIFICATE OF COMPLETION
Project: PORT PLAZA DRIVE PAVING AND DRAINAGE FACILITIES
Date Of Issuance: July 17, 2013
Owner(s): P.A. 69, L.P.
Owner's Project No.: LSI - 300
Engineer: Arceneaux & Gates Consulting Engineers, Inc.
Contractor: P.A. 69, L.P.
This Engineer's Certificate of Completion applies to all Work under the Contract Documents or to
the following specified parts thereof:
TO P.A. 69, L.P.
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 to the best of my knowledge with the exception of sidewalks and
street lighting. The developer, P.A. 69, L.P. has issued letters of Certification to install sidewalks
and street lights at a later date.
July 17, 2013
DATE OF COMPLETION
Executed by Engineer on July 17, 2013 0 9F 24 ® ‘
ft t*
COREY M. OLDBURY
t t 100316 e
It cE5C5i ege
BY:
A CE1 & ATE ' CONS T1 G ENGINEERS, INC. C [SEAL]
1/1
EXHIBIT B
•G a
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: P.A. 69, L.P.
TO: CITY OF PORT ARTHUR
FOR THE PORT PLAZA PAVING AND DRAINAGE FACILITIES
(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
N/A (5 o.00 ).
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
Owner to the Contractor:
(a) None
(b) None
(C) None
(d) None
(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 Order(s) numbered NIA, 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 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 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 of the 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 contract, 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 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 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.
1
IN WIT ■ 1 `S WHE OF, the undersigned has signed and sealed this instrument this t/ k day
of �' G( , 2Q!
[SEAL] P.A. 69, L.P.
(Developer)
R
„1ll unw . 4 llllllllllJIllll ---- l.— (Kerry LaG ne Nest
���`P I ',- MEGAN J. TAYLOR
tS _• i >` Notary Public, State of Texas
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4 • ..w Commission Expires 10 -23 -2014
L __ _ l . _ _*_ ll ? I -- 3...�lf
erry . rone , being first duly sworn on oath, deposes and says, first, that
he is the President of P.A. 69, L.P.
(Title) (Developer)
second, that he has read the foregoing certificate by him subscribed as President
(Title)
of P.A. 69, L.P.
(Developer)
Affiant further states that the matters and things stated herein are true.
/^ (Kerry LaGrone, President)
Subscribed and sworn to before me this C� d., of lir ,
205. 0
My commission expires /' 43 / 7 .
(Date
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AP ,� t MEGAN J. TAYLOR ti
ti ti ri , 3..A . .. Nota Public, State of T, t1
- �.0 Commission Expires 10 -2 - I '�; blic,
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2
EXHIBIT C
r �
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: P.A. 69, L.P.
(Name of Contractor)
TO: CITY OF PORT ARTHUR
REFERENCE CONTRACT NO. LSI -300 Contract No.1
FOR THE PORT PLAZA DRIVE PAVING AND DRAINAGE FACILITIES
KNOW ALL MEN BY THESE PRESENTS:
1. P.A. 69, L.P. does 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
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 guarantee 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.
3. This guarantee shall cover a period of two (2) years from the date of acceptance of the 24" HDPE
section from the grate inlet in the second driveway to Cheddars to the curb inlet across the street
under this Contract, as evidenced by the Engineer's Certificate of Completion. See attached Exhibit
for section location.
•
1/2
A
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this A-day ,�L g g stru ent thi
o /40 / , 20 45 .
[CORPORATE SEAL] P.A. 69, L.P.
(Developer)
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S �q y vu����i N
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J. TAYLOR 'c
ti -' . ' .'.'. f . ° MEGAN State of Texas
�►. Nota
1 = pO Comm ission Exp (Kerry LaGrone, President)
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1
Kerry Lagrone, being first duly sworn on oath, deposes and says, first that he is the President, second, that
he has read the foregoing certificate by him subscribed as President of P.A. 69, L.P. Affiant further states
that the matters and things stated herein are true.
i tki (Kerry LaGrone, President)
Subscribed and sworn to before me this (,./ day o ,
20/3. .
My commission expires J04 /"5/
(Date)
�llJlllllll_'J1J�1'l!'r1JJ"tl ,
„,,,, TAYLOR 11
� �,�P MEGAN J. ti
ti i .. _� ►\ � Notary Pubic, State of Texas
ti *g) ' Commission Expires 10- 23-2014
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,� -rl
(Notary PIM
2/2
EXHIBIT D
CERTIFICATE OF ACCEPTANCE
FOR
Completion of Port Plaza Drive Paving and Drainage Facilities
IN THE
CITY OF PORT ARTHUR
TO: P.A. 69, L.P.
This is to certify that the City of Port Arthur, Texas, accepts the completion of the Port
Plaza Drive Paving and Drainage Facilities, on the basis of the Engineer's Certificate of
Completion as executed by Corey M. Oldbury, P.E.; and the Contractor's Certificate of
Guarantee and Contractor's Certificate and Release, both as executed by Kerry Lagrone
of P.A. 69, L.P.
. 4 1 0
Floyd T. Johns. n
City M. ager
Attest:
1
Srerri Bell. r
City Secretary