HomeMy WebLinkAboutPR 18989: ENGINEER'S CERTIFICATES OF COMPLETION, CONTRACTOR'S RELEASE, GUARANTEE, PUBLIC IMPROVEMENTS, TO SERVE THE ROYAL OAKS CONDOMINIUM DEVELOPMENT CORP. City of
D�,��1 P.R. No. 18989
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INTEROFFICE MEMORANDUM
UTILITY OPERATIONS DEPARTMENT-
ADMINISTRATION
Date: June 2, 2015
To: Brian McDougal, City Manager
From: Jimmie Johnson, Ph.D., Director of Utility Operations
RE: Proposed Resolution No. 18989
Nature of the Request:
The Emerlyn Meadows development is a private road and gated subdivision for duplex
housing. The roadway and storm sewer system was constructed to City Standards.
However, these facilities are to be maintained by the owner. The sewer and water
facility was also constructed to City Standards and includes 636 linear feet of 8" PVC
SDR 26 Sanitary Sewer and associated service lines and four (4) fiberglass manholes
and approximately 850 linear feet of 8" PVC 150 psi water line and associated service
lines, and two (2) fire hydrants.
The sewer and water facilities are located in easements as recorded on the Plat of said
Emerlyn Meadows. The roadway is designated as access and utility easement for the
use of the City for maintenance, fire protection, police protection and sanitary solid
waste vehicles.
Staff Analysis, Considerations:
None.
Recommendation:
I recommend that the City Council approve Proposed Resolution No. 18989, which
accepts the Engineer's Certificate of Completion, Contractor's Certificate and Release,
and Contractor's Certificate of Guarantee from Royal Oaks Condominium
Development Corporation, for the completion of public water and sewer system
improvements to serve the Emerlyn Meadows Subdivision.
Bucket Considerations:
None.
P.R. No. 18989
05/19/15 cs
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF THE ENGINEER'S
CERTIFICATES OF COMPLETION, CONTRACTOR'S CERTIFICATE AND
RELEASE, CONTRACTOR'S CERTIFICATE OF GUARANTEE FOR THE
COMPLETION OF PUBLIC IMPROVEMENTS (WATER AND SEWER
SYSTEM) TO SERVE THE ROYAL OAKS CONDOMINIUM
DEVELOPMENT CORPORATION PROJECT, EMERLYN MEADOWS
SUBDIVISION, AND AUTHORIZING THE CITY MANAGER TO SIGN THE
CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE CITY OF PORT
ARTHUR, TEXAS.
WHEREAS, Royal Oaks Condominium Development Corporation planned and developed a
tract of land for the purpose of constructing a Duplex Complex; and,
WHEREAS, the development is known as the Emerlyn Meadows Subdivision in which all
interior streets and amenities have been considered private; and
WHEREAS, Royal Oaks Condominium Development Corporation facilitated the construction
of the public water and sewer systems throughout this development; and,
WHEREAS, Royal Oaks Condominium Development Corporation has granted the City a
permission to enter the subdivision to allow it to maintain utility easements, provide police and fire
protection, and entry for emergency vehicles, solid waste, utility operations and other necessary public
works vehicles/equipment; and,
WHEREAS, the City will maintain its utility easement and is under no other obligation to
maintain any personal property or streets within the subdivision; and,
WHEREAS, the City has received two Engineer's Certificates of Completion, one dated March
14, 2015 from Stanley G. Newsome, Jr., P.E., stating that to the best of their knowledge, the water and
P.R. No. 18989
05/19/15 cs
Page 2
sewer systems in the project have been completed in general accordance with the City Standards, copy
attached hereto and made a part hereof as Exhibit "A", together with a Contractor's Certificate and
Release (Exhibit "B") and Contractor's Certificates of Guarantee (Exhibit "C"), executed by Bobby
Nguyen, President of Winds Construction.
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 infrastructures.
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 , 2015 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. 18989
05/19/15 es
Page 3
ATTEST: APPROVED AS TO FORM:
Val e
Sherri Bellard Valecia Tizeno /
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
Brian McDougal
at -
Jim
anage r- Johnson', Ph.D.
Director of Utility Operations
Exhibit "A"
(Engineer's Certificates of Completion)
ENGINEER'S CERTIFICATE OF COMPLETION
Project: EMERLYN MEADOWS SUBDIVISION A PRIVATE STREET
SUBDIVISION IN THE CITY OF PORT ARTHUR,TEXAS
Date of Issuance: APRIL 13, 2015
Owner(s): ROYAL OAKS CONDOMINIUM DEVELOPMENT CORPORATION
PO Box 2161, Nederland, Texas 77627
Owner's Project No.: NA Soutex# 12-0622
Engineer: SOUTEX SURVEYORS & ENGINEERS
Contractor: WINDS CONSTRUCTION, 728 N Hwy. 69, Nederland, TX 77627
This Engineer's Certificate of Completion applies to all Work under the Contract Documents
or to the following specified parts thereof:
TO City of Port Arthur and Royal Oaks Condominium Development
(OWNER)
AND TO Winds Construction
(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
April 13,2015
DATE OF SUBSTANTIAL COMPLETION +4c
Executed by Engineer on 4/ j d', 2015 •
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SOUTEX SURVEYORS& ENGINEERS
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Exhibit "B"
(Contractor's Certificate and Release)
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: WINDS CONSTRUCTION
(NAME OF CONTRACTOR)
TO: The City of Port Arthur and Royal Oaks Condominium Development Corp.
(OWNER)
REFERENCE CONTRACT NO. SOUTEX 12-0622 ENTERED INTO THE
DAY OF BETWEEN THE
AND NO FORMAL CONTRACT EXISTS
(NAME OF CONTRACTOR)
OF
(CITY) (STATE)
FOR THE: Construction and Development of Emerlyn Meadows A Private Road and
Gated Subdivision
(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
$0.00
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 AMONTS 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 NONE ,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.
1
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 maybe 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 a7 day
of Gt/ld,Le
(SEAL)
WINDS CONSTRUCTION
(CONTRACTOR)
BY:
(PRES DENT)
BOBBY NGUYEN ,being first duly sworn on oath,deposes and says,first,that he is the
(MICHAEL BROWN)
PRESIDENT of WINDS CONSTRUCTION
(PRESIDENT) (NAME OF COMPANY)
second,that he has read the foregoing certificate by him subscribed as PRESIDENT
(PRESIDENT)
of WINDS CONSTRUCTION
(NAME OF COMPANY)
Affiant further states that the matters and things stated herein are true.
i1
(BOBBY NGUYEN)
Subscribed and sworn to before me this 027 day of (. ,20 16-.
My commission expires Qu_n1L_ At a0/7
(DATE)
ua ,, CONNIE SEAL
Notary Public • p
•
P'‘ *i STATE OF TEXAS Lid7vx R.1
My Comm.Exp.June 22,
"•••.9t:`,--- (NOTARY PUBLIC)
2
Exhibit "C"
(Certificates of Guarantee)
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: WINDS CONSTRUCTION
(NAME OF CONTRACTOR)
TO: The City of Port Arthur and Royal Oaks Condominium Development Corp.
(OWNER)
REFERENCE CONTRACT NO. SOUTEX 12-0622 ENTERED INTO THE
DAY OF BETWEEN
AND NO FORMAL AGREEMENT EXISTS BETWEEN CONTRACTOR AND OWNER
(NAME OF CONTRACTOR)
OF
(CITY) (STATE)
FOR: CONSTRUCTION AND DEVELOPMENT OF EMERLYN MEADOWS A PRIVATE
ROAD AND GATED SUBDIVISION
(NAME OF PROJECT)
KNOW ALL MEN BY THESE PRESENTS:
1. WINDS CONSTRUCTION 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 Certificate is given in connection with the final payment under the contract
between the Owner and NO FORMAL CONTRACT EXISTS 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.
1
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this
Z. day of api,a , 20/5 .
(CORPORATE SEAL)
WINDS CONSTRUCTION
(CONTRACTOR)
BY:
(BOBBY N UYEN,PRESIDENTT)
BOBBY NGUYEN ,being first duly sworn on oath,deposes and says,first,that he is the
PRESIDENT of WINDS CONSTRUCTION
(TITLE) (NAME OF COMPANY)
second,that he has read the foregoing certificate by him subscribed as PRESIDENT
(TITLE)
of WINDS CONSTRUCTION
(NAME OF COMPANY)
Affiant further states that the matters and things stated herein are true.
.740
(BOBBY NGUYEN)
Subscribed and sworn to before me this 4=27 day of 4 L , 20/5 .
My commission expires aa) aO/7
(DATE)
- - - - -
CONNIE SEAL
JL
)4( STATE OF TEXNotaryry PublicAS C.O�
CZi��--«tt
My Comm.Exp.June 22,2017 . (NOTARY PUBLIC)
Soutex#12-0622
2
EXHIBIT "D"
CERTIFICATE OF ACCEPTANCE
FOR
Water and Sewer Utilities in Emerlyn Meadows Subdivision
IN THE
CITY OF PORT ARTHUR
TO: WINDS CONSTRUCTION
This is to certify that the City of Port Arthur, Texas, accepts the completion of the water and
sewer utilities in Emerlyn Meadows on the basis of the Engineer's Certificate of Completion as
executed by Stanley G. Newsome, Jr., P.E.; and the Contractor's Certificate of Guarantee and
Contractor's Certificate and Release, both executed by Winds Construction.
Brian McDougal
City Manager
ATTEST:
Sherri Bellard
City Secretary
Soutex#12-0622