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