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Home My WebLink AboutPR 19230: ENGINEER'S CERTIFICATES OF COMPLETION, CONTRACTOR'S CERTIFICATE AND RELEASE, STRIPES CONVENIENCE STORE AND GAS STATION PROJECT City of �1 P.R. No. 19230 ort rtntt1 11/30/15 cs % Texas INTEROFFICE MEMORANDUM WATER UTILITIES DEPT.-ADMINISTRATION DIV. Date: November 30, 2015 To: Brian McDougal, City Manager From: Jimmie Johnson, Ph.D., Director of Water Utilities RE: Proposed Resolution No. 19230 Nature of the Request: Stripes LLC, developed a tract of land at 2300 Hwy 365 and constructed Stripes Convenience Store and Gas Station, a 6,632 sq ft building. Warwick Construction, the utility contractor, installed by Water Utilities standards, an 8" PVC C-900, at 180 L.F., in a 16" diameter steel casing, crossing the Medical Center Boulevard (from the Sonic Drive-In side), including one fire hydrant within the street right of way, capped for future extension. StaffAnalysis, Considerations: None. Recommendation: I recommend that the City Council approve Proposed Resolution No. 19230, which accepts the Engineer's Certificate of Completion, Contractor's Certificate and Release, and Contractor's Certificate of Guarantee from Warwick Construction, Inc. of Houston, Texas, for the completion of public water system improvements to serve the Stripes Convenience Store and Gas Station. Budget Considerations: None. P.R. No. 19230 11/30/15 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) FROM WARWICK CONSTRUCTION, INC., TO SERVE THE STRIPES CONVENIENCE STORE AND GAS STATION PROJECT, AND AUTHORIZING THE CITY MANAGER TO SIGN THE CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE CITY OF PORT ARTHUR, TEXAS. WHEREAS, Stripes LLC, of Corpus Christi, Texas, developed a tract of land for the purpose of constructing Stripes Convenience Store and Gas Station on 2300 Hwy 365 Port Arthur, Texas; and, WHEREAS, the Warwick Construction, Inc. of Houston, Texas, installed an 8" PVC and a fire hydrant to be used for water demand and fire protection; and, WHEREAS, Warwick Construction, Inc. of Houston, 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 November 20, 2015 from Daniel Ryan Gill, P.E of Harrison French and Associates, LTD., stating that to the best of their knowledge, the water system in the project has been completed in 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 Warwick Construction, of Houston, Texas; P.R. No. 19230 11/30/15 cs Page 2 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 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 ATTEST: APPRO ED AS TO FORM: &tide Sherri Bellard Valecia`izenol City Secretary City Attorney P.R. No. 19230 11/30/15 cs Page 3 APPROVED FOR ADMINISTRATION: Brian McDougal Cit ag- • Jim ie Johnson, Ph.D. Director of Water Utilities Exhibit "A" (Engineer's Certificates of Completion) ARCH11"Ec*S ENGINEERS H FA ; ; Creative Solutions Meaningful Placer November 20, 2015 City of Port Arthur P.O. Box 1089 Port Arthur, TX 77641 Reference: City Water Line Installation Stripes Convenient Store, 2300 Highway 365 Port Arthur, TX 77640 I, Daniel R. Gill, P.E.,based on photographic information, contractor and city provided as-built drawings, request acceptance of constructed infrastructure located at Stripes Convenient Store located at 2300 Highway 365, Port Arthur, Texas. Per review of information provided by Rick Rauch, Warwick Construction on November 20, 2015, the line was constructed in general conformance with the approved plans and specifications. We request that the infrastructure be accepted by the City of Port Arthur. Should you have any concerns, please call. Sincerely, 1 Daniel R. Gill, P.E. r G: '�.- ;S DANIEL RYAN GILL ft'°,p•. 119842 t' •. iCENSENG��.. HARRISON FRENCH AND ASSOCIATES, LTD F-8576 11/20/2015 10:33:42 AM Harrison French&Associates,LTD www.hfa-ae.com 1705 S.Walton Blvd,Suite 3,Bentonville,Arkansas 72712 p 479.273.7780 f 888.520.9685 Page 1 of 1 Exhibit "B" (Contractor's Certificate and Release) CONTRACTOR'S CERTIFICATE AND RELEASE FROM: Warwick Construction, Inc. (Name of Contractor) TO: City of Port Arthur (Local Public Agent) REFERENCE CONTRACT FOR Stripes #1076 Port Arthur, TX 77640 STRIPES, LLC AND WARWICK CONSTRUCTION, INC., OF HOUSTON, TEXAS 77034 (CITY) (STATE) (ZIP) FOR THE PUBLIC WATER SYSTEM MODIFICATIONS FOR THE CITY OF PORT ARTHUR PERFORMED FOR THE STRIPES #1076 (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) (c) (d) (Itemize claims and amounts due) (if none,so state) 3. The undersigned further certifies that all work required under this contract including Page 1 of 3 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 2-c" day of Nott=^A��- , 20IS LAN1eVZ "r AAA/4A4.*611 (SEAL) (Contractor) (Signature and Title of Officer) Page 2 of 3 ACKNOWLEDGEMENT Rick Rauch, being first duly sworn on oath, deposes and says, first that he is the Senior Project Manager of (Affiant) (Title) Warwick Construction, Inc., second, that he has read the foregoing certificate by him (Name of Company) subscribed as Senior Project Manager of Warwick Construction, Inc (Title) (Name of Company) Affiant further states that the matters and things stated herein are true. (Affiant) Subscribed and sworn to before me thisJO day of NAV biter 20 r) My commission expires 3<<31 1 . (Date) r b lry) .Z;P` f, JAMIE LYNN BOWERMAN z'=°:* e:� Notary Public,State of Texas :. " f' My Commission Expires .,,FOF ,,�, March 13, 2017 Page 3 of 3 Exhibit "C" (Certificates of Guarantee) CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM: Warwick Construction,Inc (Name of Contractor) TO: STRIPES # 1076./CITY OF PORT ARTHUR (Local Public Agent) REFERENCE CONTRACT FOR THE STRIPES # 1076 PORT ARTHUR STRIPES, LLC AND WARWICK CONSTRUCTION, INC., OF HOUSTON, TEXAS 77034 (CITY) (STATE) (ZIP) FOR THE PUBLIC WATER SYSTEM MODIFICATIONS FOR THE CITY OF PORT ARTHUR PERFORMED FOR THE STRIPES # 1076 (Name of Project) LOCATED IN THE CITY OF PORT ARTHUR, TEXAS: KNOW ALL MEN BY THESE PRESENTS: 1. Rick Rauch, Senior Project Manager 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/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 Ryan Gill, P.E., of Harrison French& Associates. IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this Zd day of IV4EN113ag. , 2015. (SEAL) Rick Rauch, Senior Project Manager Page 1 of 2 ACKNOWLEDGEMENT Rick Rauch, being first duly sworn on oath, deposes and says, first, that he is the Senior Project Manager of(Affiant) (Title) Warwick Construction, Inc. second, that he has read the foregoing certificate by him (Name of Company) subscribed as Senior Project Senior of Warwick Construction, Inc.. Affiant further states that the matters (Title) (Name of Company) and things stated herein are true. r.....v... .... ..„___Th Rick Rauch, Senior Project Manager Subscribed and sworn to before me this- ) day of '5 Q, , 201T. My commission expires on 3 X)-)\-. \� . (D te) A),,,\ \"\_\\-‘ ))'N\4,X\c' S.)‘L\12 .es;iJAMIE LYNN BOWERMAN ;_: p_ Notary Public,State of Texas .+; My Commission Expires (Notary) i,', March 13, 2017 Page 2 of 2 Exhibit "D" (Certificates of Acceptance) CERTIFICATE OF ACCEPTANCE FOR WATER SYSTEM TO SERVE THE STRIPES LLC CONVENIENCE STORE AND GAS STATION. 2300 HWY 365 PORT ARTHUR, TEXAS, IN THE CITY OF PORT ARTHUR TO: Warwick Construction, Inc. Date: Gentlemen: This is to certify that the City of Port Arthur, Texas, accepts the completion of the water utility to serve the Stripes LLC Convenience Store and Gas Station, 2300 Hwy 365, Port Arthur, Texas., on the basis of the Engineer's Certificate of Completion by Daniel Ryan Gill, P.E of Harrison French and Associates, LTD., the Contractor's Certificate of Guarantee, and the Contractor's Certificate and Release, executed by Rick Rauch, Senior Project Manager of Warwick Construction, Inc. Brian McDougal City Manager ATTEST: Sherri Bellard City Secretary