HomeMy WebLinkAboutPR 18994: SOUTEX SURVEYORS r . '.
`-. .rteryg
City of _--. Ci'Y
40,
cort rthu�.
Texas
INTEROFFICE MEMORANDUM
PUBLIC WORKS DEPARTMENT-ADMINISTRATION DIV.
Date: June 15, 2015
To: Brian McDougal, City Manager
From: Rawetts T. Baaheth, Sr., Interim Public Works Director
RE: Proposed Resolution No. 18994
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 18994 authorizing acceptance of the
engineer's certificate of completion from Jeremy Mitchell, P.E. of Soutex Surveyors and Engineers,
contractor's certificate and release and the contractor's certificate of guarantee from Brystar Contracting,
Inc. for the Williamson Industrial Park Subdivision Right-of-Ways of Williamson Avenue and Marcontell
Avenue, and Williamson Industrial Park, Phase I, and authorizing the City manager to sign the Certificate
of Acceptance on behalf of the City of Port Arthur, Texas.
BACKGROUND
This subdivision was developed by Mr. Jim Williamson. Engineering was completed by Soutex Surveyors
and Engineers of Port Arthur, Texas. Construction was started by Triangle Paving, Inc. and completed by
Brystar Contracting, Inc. The roadway and storm sewer system was constructed to City Standards and the
sanitary sewer and water facility was also constructed to City Standards, both inspected and accepted by
the Department of Public Works and the Department of Utilities respectively.
STAFFING/EMPLOYEE EFFECT
none
SUMMARY
I recommend that the City Council approve Proposed Resolution No. 18994 authorizing acceptance of the
engineer's certificate of completion from Jeremy Mitchell, P.E. of Soutex Surveyors and Engineers,
contractor's certificate and release and the contractor's certificate of guarantee from Brystar Contracting,
Inc. for the Williamson Industrial Park Subdivision Right-of-Ways of Williamson Avenue and Marcontell
Avenue, and Williamson Industrial Park, Phase I, and authorizing the City manager to sign the Certificate
of Acceptance on behalf of the City of Port Arthur, Texas.
"Remember we are here to serve the Citizens of Port Arthur"
P.R. 18994
Page 1
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF ENGINEER'S
CERTIFICATE OF COMPLETION, CONTRACTOR'S CERTIFICATE
AND RELEASE, CONTRACTOR'S CERTIFICATE OF GUARANTEE,
AND THE DEVELOPER'S BOND SUBMITTAL FOR THE
WILLIAMSON INDUSTRIAL PARK SUBDIVISION AND
AUTHORIZING THE CITY MANAGER TO SIGN THE CERTIFICATE
OF ACCEPTANCE ON BEHALF OF THE CITY OF PORT ARTHUR,
TEXAS.
WHEREAS, the City of Port Arthur has received for the Williamson Industrial Park,
Phase I, an engineer's Certificate of Completion from Jeremy Mitchell, P.E. of Soutex Surveyors
and Engineers dated May 13, 2015 (attached as Exhibit "A"), a Contractor's Certificate and
Release and Contractor's Certificate of Guarantee both dated May 15, 2015 (attached as Exhibit
"B") from Brystar Contracting, Inc. certifying that the public infrastructure improvements have
been completed and a maintenance bond from developer Jimmie and Mary Williamson Family
Trust as Principal through SureTec Insurance Company for $960,000.00 for one (1) year
(attached as Exhibit"C"); and,
WHEREAS, representatives from the Public Works Department and Utility Operations
Department have inspected the completed roadway, drainage, water, and sewer improvements;
now,therefore,
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 Williamson Industrial Park, Phase I, for the public
P.R. 18994
Page 2
infrastructure improvements associated with Williamson Industrial Park, Phase I, attached and
made part hereof as Exhibit"D"; 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. 2015 at a_
meeting of the City of Port Arthur,Texas by the following vote: Ayes:
Mayor:
Councilmembers:
Noes:
Mayor
Attest:
City Secretary
P.R. 18994
Page 3
APPROVED AS TO FORM:
Valecia Tezeno
'vC/
City Attorney
APPROVED FOR ADMINISTRATION:
i_ .1A11160--
' i
Brian McDougal Rawetts T. Baaheth r.
City Manager Interim Director o 'ublic Works
Dr. Jimmie Johnson
Director of Utilities
ENGINEER'S CERTIFICATE OF COMPLETION
Project: WILLIAMSON INDUSTRIAL PARK, PHASE I, A SUBDIVISION IN
THE CITY OF PORT ARTHUR,TEXAS
Date of Issuance: May 13, 2015
Owner(s): CITY OF PORT ARTHUR
Owner's Project No.:
Engineer: SOUTEX SURVEYORS&ENGINEERS
Contractor: BRYSTAR CONTRACTING, INC.
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
(OWNER)
AND TO BRYSTAR CONTRACTING,INC.
(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
..... tl
ai
.�.�Q'••........... ,s, ii
APRIL 21,2015 *c?.� r '•., ,kit
DATE OF SUBSTANTIAL COMPLETION -*: • i..f'�
�,/ .JEREMY J.�MITCHE...
/tel A / '3 ,2015 /��o-:... . .?qu
Executed by Engineer on ( �•116941��
'Z` • C/CENSS9'G� r.
(SEAL)
JERE 0. ' EL P.E.
-
S TEX EYORS&ENGINEERS
1/1
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: BRYSTAR CONTRACTING, INC.
(NAME OF CONTRACTOR)
TO: The City of Port Arthur
(OWNER)
REFERENCE CONTRACT NO. ZOIS tENTERED INTO THE Zoe
DAY OF K.4112..-- 2 t 5 BETWEEN J.E.WILLIAMSON CONSTRUCTION
AND BRYSTAR CONTRACTING, INC
(NAME OF CONTRACTOR)
OF BEAUMONT, TEXAS
(CITY) (STATE)
FOR THE: Construction of Williamson Industrial Park,Phase I,a subdivision in the
City of Port Arthur,Texas
(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 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 151:-- lay
of MAY ,201.
(SEAL)
BRYSTAR CONTRACTING, INC.
(CONTRACTOR)
BY: 101
(PRESIDENT)
BRYAN PHELPS ,being first duly sworn on oath,deposes and says,first,that he is the
PRESIDENT of BRYSTAR CONTRACTING,INC.
(PRESIDENT) (NAME OF COMPANY)
second,that he has read the foregoing certificate by him subscribed as PRESIDENT
(PRESIDENT)
of BRYSTAR CONTRACTING,INC.
(NAME OF COMPANY)
Affiant further states that the matters and things stated herein a e true
''1
(B AN PHELPS)
Subscribed and sworn to before me this I,S�day of MAY ,20 15 .
My commission expires I b 02 U " I 1
(DATE)
�Pli'=o +� SUZANNE HOLUBECK
�, My Commission Expires ArAl
��a` October 26,2017 (NOTARY PUBLIC)
2
•
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: BRYSTAR CONTRACTING, INC.
(NAME OF CONTRACTOR)
TO: The City of Port Arthur
(OWNER)
REFERENCE CONTRACT NO. ZO(S (3Q ENTERED INTO THE 20.42
DAY OF�,a—1 wati,ti 2.015 BETWEEN J.E.WILLIAMSON CONSTRUCTION
AND BRYSTAR CONTRACTING, INC.
(NAME OF CONTRACTOR)
OF BEAUMONT, TEXAS
(CITY) (STATE)
FOR: CONSTRUCTION OF WILLIAMSON INDUSTRIAL PARK, PHASE I,
A SUBDIVISION IN THE CITY OF PORT ARTHUR
(NAME OF PROJECT)
KNOW ALL MEN BY THESE PRESENTS:
1. BRYSTAR CONTRACTING, INC 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 BRYSTAR CONTRACTING, INC 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
ASO day of MAY , 20 IS .
(CORPORATE SEAL)
BRYSTAR CONTRACTING,INC.
(CONTRACTOR)
BY:
(BRIAN PHELPS,PRESIDENTT)
BRYAN PHELPS ,being first duly sworn on oath,deposes and says,first,that he is the
PRESIDENT of BRYSTAR CONTRACTING,INC.
(TITLE) (NAME OF COMPANY)
second,that he has read the foregoing certificate by him subscribed as PRESIDENT
(TITLE)
of BRYSTAR CONTRACTING,INC.
(NAME OF COMPANY)
Affiant further states that the matters and things stated herein • e tru-
‘jk.
:RYAN PHELPS)
Subscribed and sworn to before me this 1513day of MAY , 20 )S .
My commission expires / 0 -D _ 1 1
(DATE)
eo�PPY�� SUZANNE HOLUBECK jd'ela/rwe,--74 My Commission Expires%t October26,2017 (NOTARY PUBLIC)
2
SureTec Insurance Company
1330 Post Oak Boulevard, Suite 1100
Houston, Tx 77056
713-812-0800
Bond No.4400972
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that we Jimmie E & Mary E Williamson Family Trust as
Principal, and SureTec Insurance Company, a corporation organized under the laws of the State of
Texas, and duly authorized to do business in the State of Texas, as Surety, are held and firmly bound
unto City of Port Arthur as Obligee, in the penal sum of Nine Hundred Sixty Thousand Dollars
($960,000) to which payment well and truly to be made we do bind ourselves, and each of our heirs,
executors, administrators, successors and assigns jointly and severally, firmly by these presents.
WHEREAS, said Obligee requires that the Principal furnish a bond conditioned to guarantee for the
period of 1 year(s) after substantial completion of the work performed under the Contract against
defects in workmanship and materials in the Work which would have been the responsibility under the
Contract for which written notice is made to Surety during said period.
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH that, if the Principal shall
indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or
workmanship in the Work which may become apparent and with respect to which notice is delivered
to Surety in writing during the period of 1 year(s) from and after date of substantial completion of the
work, then this obligation shall be void, otherwise to remain in full force and effect.
No right of action shall accrue hereunder to or for the benefit of any person or entity other the Obligee
named herein, nor shall any suit be filed or action maintained on this bond more than twenty five (25)
months after the date of the earliest timely notice of defect by Obligee to Surety.
SIGNED, SEALED AND DATED THIS 9th day of June, 2015.
Principal
Jimmie E & Mary E Williamson Family Trust
Bbs'm`
James Mark Williamson
SureTec lnsuran ompany
By:
Tom Mulanax, Attorney-in-Fact
Rev. 1-1-06 Please see the attached Rider for important notices and coverage information
POA#: 1310004
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make,constitute and appoint
Tom Mulanax, Lucianne Bischoff, Michael Rabe
its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge
and deliver any and all bonds,recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
Five Million and 00/100 Dollars($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate
seal of the Company and.duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the
premises: Said appointment shall continue in force until 12/31/2016 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and
deliver,any and all bonds,recognizances, contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any,such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April,
1999)
In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal
to be hereto affixed this 23rd day of April ,A.D. 2015
� pANF SURETEC INSURANCE COMPANY
,o 4. —, By:
ti w/I 131 John ox Jr. resident
Eck �co z=
State of Texas ss: ms% ? Ya
County of Harris •-•--•''' �s
On this 23rd day of April ,A.D. 2015 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the
Board of Directors of said Company;and that he signed his name thereto by like order.
JACQUELYN MALDONADO
Notary Public
State of Texas
10F1`1•` My My Comm.Exp.5/18/2017 Jacq elyn Maldonado,Notary Public
My commission expires May 18,2017
I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney,executed by said Company, which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston,. Texas this7-Y4- day of t(,ift,fs _ , 2(fir c ,A.D.
iILtv
.Bre.t Beaty,Assistant ecretary
Any instrument issued in excess of the penalty stated abova is totally'join and withoutany validity.
For verification of the authority of this power you may call(7-t3)M2-0800 any businessday between 8:00 am and 5:00 pm CST.
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice/Filing of Claims
To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a
complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at:
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, Tx 78759
You may contact the Texas Department of Insurance to obtain information on companies,coverage,rights or complaints at 1-800-252-
3439.You may write the Texas Department of Insurance at
PO Box 149104
Austin,TX 78714-9104
Fax#:512-490-1007
Web:http://www.tdi.state.tx.us
Email:ConsumerProtection@tdi.texas.gov
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim,you should contact the
Surety first. If the dispute is not resolved,you may contact the Texas Department of Insurance.
Texas Rider 06042014 1
TBPE Firm No.F-5755
_ r TBPLS Firm No.10123800
LA EF.0005711
6 \ �� .--3737 Doctors Drive
Port Arthur,Texas 77642
SURVEYORS&ENGINEERS -S Office(409)983.2004
Fax(409)983.2005
WILLIAMSON INDUSTRIAL PARK, PHASE I
PROJECT DESCRIPTION
A SUBDIVISION IN THE CITY OF PORT ARTHUR,TEXAS
SOUTEX NO. 12-0039
This project was developed by Mr.Jim Williamson. Engineering was completed by
Soutex Surveyors and Engineers, 3737 Doctors Drive, Port Arthur, Texas. Construction
was started by Triangle Paving, Inc. and completed by Brystar Contracting, Inc.
The development is a subdivision for commercial development. The roadway and storm
sewer/ditch system was constructed to City Standards and includes approximately 9,100
sq.yrds of 37' wide roadway, 2850 If of ditches, and 8 curb inlets with various storm
sewer pipe sizes. The sewer and water facility was also constructed to City Standards
and includes 1,573 linear feet of 8" PVC SDR 26 Sanitary Sewer and associated service
lines and four (6) Fiberglas manholes and approximately 1,990 linear feet of 8" PVC 150
psi water line and associated service lines, and two (5) fire hydrants.
City of Port Arthur 1
CERTIFICATE OF ACCEPTANCE
FOR
Streets, Drainage, Water and Sewer Utilities in Williamson Industrial Park, Phase I
a Subdivision
IN THE
CITY OF PORT ARTHUR
TO: BRYSTAR CONTRACTING, INC.
This is to certify that the City of Port Arthur,Texas, accepts the completion of the streets,
drainage, water and sewer utilities in Williamson Industrial Park, Phase I, a Subdivision,
on the basis of the Engineer's Certificate of Completion as executed by
Jeremy Mitchell P.E.; and the Contractor's Certificate of Guarantee and Contractor's
Certificate and Release, both executed by Brystar Contracting, Inc.
Brian McDougal,
City Manager
ATTEST:
Sherri Bellard
City Secretary
Soutex#12-0039
1/1