HomeMy WebLinkAboutPR 18942: ACCEPTANCE OF ENGINEER'S CERTIFICATES OF COMPLETION City of
\`,)40 P.R. No. 18942
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INTEROFFICE MEMORANDUM
UTILITY OPERATIONS DEPARTMENT-
ADMINISTRATION
Date: August 10, 2015
To: Brian McDougal, City Manager
From: Jimmie Johnson, Ph.D., Director of Utility Operatr
RE: Proposed Resolution No. 18942
Nature of the Request:
The SGU Properties LLC, of Beaumont, Texas is a private developer that built an
11,500 sq ft building for businesses named The Gatherings Shopping Center, 2665 Aero
Drive, Port Arthur, Texas. The Utility Contractor Hinote Plumbing, Inc., of Orange,
Texas, installed an 8" PVC C-900 at 360 L.F.,which includes two fire hydrants and five
one inch water meters constructed to the Utility Operation standards in the 20' Utility
Easement,which was recorded on 12/04/2014 in the fmal plat.
Staff Analysis, Considerations:
None.
Recommendation:
I recommend that the City Council approve Proposed Resolution No. 18942, which
accepts the Engineer's Certificate of Completion, Contractor's Certificate and Release,
and Contractor's Certificate of Guarantee from Hinote Plumbing, Inc., of Orange,
Texas, for the completion of public water system improvements to serve the Gatherings
Shopping Center.
Budget Considerations:
None.
P.R. No. 18942
8/10/15 cs
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE
OF ENGINEER'S CERTIFICATES OF
COMPLETION, CONTRACTOR'S CERTIFICATE
AND RELEASE, AND CONTRACTOR'S
CERTIFICATES OF GUARANTEE FOR THE
COMPLETION OF PUBLIC IMPROVEMENTS
(WATER SYSTEM) TO SERVE THE
GATHERINGS SHOPPING CENTER PROJECT,
AND AUTHORIZING THE CITY MANAGER TO
SIGN THE CERTIFICATE OF ACCEPTANCE ON
BEHALF OF THE CITY OF PORT ARTHUR,
TEXAS.
WHEREAS,the SGU Properties LLC of Beaumont, Texas, developed a tract of
land for the purpose of constructing an shopping center located at 2665 Aero Drive,
Port Arthur, Texas; and,
WHEREAS, the SGU Properties LLC, granted the 20' Utility Easement and
designated it as an access and utility easement for the 8" water line and fire hydrants to
be used by the City for maintenance; and,
WHEREAS, the City will maintain its utility easement and no other obligation
to maintain on the private property side; and,
WHEREAS, Hinote Plumbing, Inc., of Orange, Texas, has completed the
construction of the public 8"water system throughout this development; and,
WHEREAS,the City has received Engineer's Certificates of Completion, dated
August 03, 2015 from Donald R. King, P.E of Fittz & Shipman, Inc., stating that to the
best of their knowledge,the water system in the project has been completed in
P.R. No. 18942
8/10/15 cs
Page 2
general accordance with City standards, a copy is 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 Gary
Hinote, Hinote Plumbing, Inc.
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:
P.R. No. 18942
8/10/15 es
Page 3
NOES:
Deloris Prince
Mayor
ATTEST: APPROVED S TO FORM:
Sherri Bellard Valecia Tizeno
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
Brian McDou
. •-r
Jimmie Johnson, Ph.D.
Director of Utility Operations
Exhibit "A"
(Engineer's Certificates of Completion)
Fittz&Shipman
INC.
Consulting Engineers and Land Surveyors
Ronald D. Fittz, P.E., R.P.L.S.(1948-1987)
Terry G.Shipman, P.E.,Chairman
Billy J.Smith,Jr., President
Donald R. King, P.E.
Walter J. Ksiazek, R.P.L.S.
August 3, 2015
City of Port Arthur
P.O. Box 1089
Port Arthur, TX. 77641-1089
Reference: City Water Line Installation FS Proj. No. 14023
Gatherings Shopping Center, 2665 Aero Drive
Port Arthur, Texas 77640
Gentlemen,
I, Donald R. King, P.E. hereby certify that the installation of the City water line, associated with
SGU Properties LLC Gatherings Shopping Center, 2665 Aero Drive, Port Arthur, was constructed
in general conformance with the approved plans and specifications. The pressure test and
bacteria testing was performed and or witnessed by City of Port Arthur Water Department
Representatives. All tests passed. We request that the infrastructure be accepted by the City of
Port Arthur. Should you have any questions, please call.
Sincerely,
RECEIVED
Fittz &Shipman, Inc. 4. �4
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Lu.t-�` ', DONALD R. KING UTILITY OPERATIONS
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4 Admin.Office-City Hall
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By: r theonaR. K g, P. •, s
For the Firm F � awf,M1
14023 water eng cert2 '3 ''"' `$?_
CC: Charles Shajari, City of Port Arthur
1405 Cornerstone Court• Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303
Tx Board of Prof Engineers Firm No. F-01160•Tx Board of Prof Land Surveyors Firm No. 100186
La. Prof Eng& Land Survey Board-Eng Firm No. 5267
ENGINEER'S CERTIFICATE OF SUBSTANTIAL COMPLETION
WATER LINE IMPROVEMENTS
PROJECT: Gatherings Shopping Center
DATE OF ISSUANCE: August 3, 2015
OWNER: SGU Properties LLC
OWNER'S Project No.: FS 14023
CONTRACTOR: Hinote Plumbing,Inc. ENGINEER: Fittz &Shipman, Inc.
This Engineer's Certificate of Substantial Completion applies to all Work under the Contract Documents or
to the following specified parts thereof:
TO: SGU Properties LLC
OWNER
And To: Hinote Plumbing,Inc.
CONTRACTOR
The Work to which this Certificate applies has been inspected by authorized representatives of OWNER,
CONTRACTOR and ENGINEER,and that Work for the water line installation is hereby declared to be
substantially complete in accordance with the Contract Documents to the best of my knowledge.
August 3,2015
DATE OF SUBSTANTIAL COMPLETION
This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents
nor is it a release of CON T'RACTOR'S obligation to complete the Work in accordance with the Contract
Documents.
Executed by ENGINEER on: August 3,2015 , �d� A
Fittz&Shipman, Inc. ;. yr a
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ENGINEER ` 03,..a..,..a�,=.--..�.X1
!ate ),„ fl01'IALD R. KING 1
�i�lyiROR}Fiaa:yvra Yaa.YY. a.w //'�y'
41
By ` FA .8as1 4
Donald R.King, .E. �' a t �'`--3 5—
SC - 1
(Name of Company)
Affiant further states that the matters and things stated herein are true.
(Affiant
Subscribed and sworn to before me this day of ,�',(,Q�� 20 /6--
My commission expires /Mg./ 9, 04 .
( e)
/ a ?4!;•• REBECCA L.PELLERIN .
Cq. / . q, i` , MYCOMaY9,2NEXPIRES
/411-e- , '';„ ��� May 9,2015 —.1
ary)
Page 3 of 3
Exhibit "B"
(Contractor's Certificate and Release)
•
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: HINOTE PLUMBING, INC.
(Name of Contractor)
TO: City of Port Arthur
(Local Public Agent)
REFERENCE CONTRACT FOR GATHERINGS SHOPPING CENTER, 260.5AERO DRIVE,
PORT ARTHUR, TEXAS
SGU PROPERTIES LLC
AND
HINOTE PLUMBING , INC., OF ORANGE, TEXAS 77630
(CITY) (STATE) (ZIP)
FOR THE
PUBLIC WATER SYSTEM MODIFICATIONS FOR THE CITY OF PORT ARTHUR
PERFORMED FOR THE GATHERINGS SHOPPING CENTER
(Name of Project)
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
1. 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.
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 City to the Contractor;
(a)None
(b) RECEIVED
(c)
(d)
(Itemize claims and amounts due) (if none,so state) AUG - 7 ln?r
1.17'l !Tv or'EFIAT}t°NS
Page 1 of 3 Admin.Office-City hall
Exhibit "C"
(Certificates of Guarantee)
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: HINOTE PLUMBING INC.
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(Local Public Agent)
REFERENCE CONTRACT FOR GATHERINGS SHOPPING CENTER, 2665 AERO DRIVE,
PORT ARTHUR, TEXAS
SGU PROPERTIES LLC
AND
HINOTE PLUMBING , INC., OF ORANGE,TEXAS 77630
(CITY) (STATE) (ZIP)
FOR THE
PUBLIC WATER SYSTEM MODIFICATIONS FOR THE CITY OF PORT ARTHUR
PERFORMED FOR THE GATHERINGS SHOPPING CENTER
(Name of Project)
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
1. is;Airof I-' pP T hereby guarantee all of the work done under the
(Affiant) (Title)
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/City of Port Arthur 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
executed by Donald R. King, P.E., of Fittz& Shipman, Inc.
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this
' ay of ,41-/e;: , 2015.
F
__ ►� — . �:� �-��•.� (SEAL)
C:A actor)
(Signature and Title of Officer)
Page 1 of 2
ACKNOWLEDGEMENT
0/.//it..ta-e-- being first duly sworn on oath, deposes and says,
(Affiant)
first that he is the Li :—bit Levi. of HINOTE PLUMBING INC.,
(Title) (Name of Company) •
second, that he has read the foregoing certificate by him subscribed as Aed 46of
(Title)
HINOTE PLUMBING, INC.
(Name of Company)
Affiant further states that the matters and things stated herein are true.
Aa,l-q ii/it-O.
(Affian
Subscribed and sworn to before me this—f/tPday of/ _ , A.+!d. - 20 /.Jr
My commission expiresa 9i 4:70/64)/
a )
• _* A L.PELLEFic e .
�o'� •e MY COMMISSION Ek:PiFiil:
"
• sfiary) 4Ztq '' May 9,2018
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Page 2 of 2
3. The undersigned further certifies that all work required under this contract including
work required under change orders numbered N/A 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 Port Arthur 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 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
3/z1) day of 4-v6 vr. , 20 /
(SEAL)
Con actor
(Signature d Title of Officer)
ACKNOWLEDGEMENT
/Zi , beingfirst duly sworn on oath, deposes and says,
(Affiant)
first that he is the G of HINOTE PLUMBING, INC.
(Title) (Name of Company)
second, that he has read the foregoing certificate by him subscribed as / . of
(Title)
HINOTE PLUMBING, INC.
Page 2 of 3
Exhibit "D"
(Certificates of Acceptance)
CERTIFICATE OF ACCEPTANCE
FOR
WATER SYSTEM TO SERVE THE GATHERINGS
SHOPPING CENTER 2665 AERO DRIVE PORT
ARTHUR, TEXAS, IN THE
CITY OF PORT ARTHUR
TO: Hinote Plumbing, Inc.
Date:
Gentlemen:
This is to certify that the City of Port Arthur, Texas, accepts the completion of the water
utility to serve The Gatherings Shopping Center located at 2665 Aero Drive Port
Arthur, Texas, on the basis of the Engineer's Certificate of Completion by Donald R.
King, P.E., of Fittz & Shipman, Inc. Consulting Engineers and Land Surveyors, the
Contractor's Certificate of Guarantee, and the Contractor's Certificate and Release,
executed by Gary Hinote, Hinote Plumbing, Inc.
Brian McDougal
City Manager
ATTEST:
Sherri Bellard
City Secretary