HomeMy WebLinkAboutPR 19247: CERTIFICATE OF ACCEPTANCE FOR WATER SYSTEM TO SERVE THE TRACTOR SUPPLY COMPANY .___ .
4
City of
� ) P.R. No. 19247
ort rt — 01/19/16 cs
Texas
INTEROFFICE MEMORANDUM
WATER UTILITIES DEPT.-ADMINISTRATION DIV.
Date: January 19, 2016
To: Brian McDougal, City Manager
From: Jimmie Johnson, Ph.D., Director of Water Utilities
RE: Proposed Resolution No. 19247
Nature of the Request:
Tractor Supply developed a tract of land at 1650 Hwy 365 and constructed 18,750 sf
building. Construction & Maintenance Service Co., the utility contractor, installed
1,292 liner feet of 8" sanitary sewer PVC-SDR-26 and 745 liner feet of PVC C-900
waterline, including one fire hydrant within the easement. The total cost for the water
and sewer improvement was $147,000.00, paid by the Tractor Supply.
/.
StaffAnalysis, Considerations:
None.
Recommendation:
I recommend that the City Council approve Proposed Resolution No. 19247, which
accepts the Engineer's Certificate of Completion, Contractor's Certificate and Release,
and Contractor's Certificate of Guarantee Construction & Maintenance Service Co., for
the completion of public water & sewer system improvements to serve the Tractor
Supply located at 1650 Hwy 365 Port Arthur, TX 77642.
Bucket Considerations:
None.
P.R. 19247
01/20/16 cs
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE
OF ENGINEER'S CERTIFICATE OF
COMPLETION, CONTRACTOR'S CERTIFICATE
AND RELEASE, AND CONTRACTOR'S
CERTIFICATE OF GUARANTEE FOR THE
COMPLETION OF PUBLIC IMPROVEMENTS
(WATER AND SEWER SYSTEM) FROM
CONSTRUCTION & MAINTENANCE SERVICE
CO., TO SERVE THE TRACTOR SUPPLY
PROJECT, AND AUTHORIZING THE CITY
MANAGER TO SIGN THE CERTIFICATE OF
ACCEPTANCE ON BEHALF OF THE CITY OF
PORT ARTHUR, TEXAS.
WHEREAS, Tractor Supply Company, developed a tract of land for the
purpose of constructing Tractor Supply on 1650 Hwy 365 Port Arthur, Texas; and,
WHEREAS, the Construction & Maintenance Service Co. of Beaumont, Texas,
installed 1,292 liner feet of 8" sanitary sewer PVC-SDR-26 and 745 liner feet of PVC
C-900 water line, including one fire hydrant within the easement; and,
WHEREAS, Construction& Maintenance Service Co. of Beaumont, Texas, has
completed the construction of the public 8" water system throughout this development;
and,
WHEREAS, the City has received the Engineer's Certificate of Completion,
dated January 08, 2016 from Jeremy Mitchell, P.E. of Soutex Surveyors & Engineers of
Port Arthur, Texas, 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 Certificate of Guarantee (Exhibit
"C"), executed by Construction&Maintenance Service Co.
P.R. No. 19247
01/19/16 cs
Page 2
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. 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 3. 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
2016 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: APP' I '1E • . TO FORM:
Itg_/ _A
Sherri Bellard Val cia Tiz41 ,
City Secretary City Attorney
P.R. 19247
01/20/16 cs
APPROVED FOR ADMINISTRATION:
Brian McDougal
City nager
Jimmie Johnson, Ph.D.
Director of Water Utilities
Exhibit "A"
(Engineer's Certificate of Completion)
ENGINEER'S CERTIFICATE OF COMPLETION
Project: WATER LINE & SEWER LINE IMPROVEMENTS PER PLANSET
ALONG HIGHWAY 365 TO SERVE TRACTOR SUPPLY IN THE
CITY OF PORT ARTHUR, TEXAS
Date of Issuance: DECEMBER 11, 2015
Owner(s): CITY OF PORT ARTHUR
Owner's Project No.: NA Soutex # 15-0522
Engineer: SOUTEX SURVEYORS &ENGINEERS
Contractor: CONSTRUCTION &MAINTENANCE SERVICE CO.,
P.O. Box 20556, Beaumont, TX, 77720
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 CONSTRUCTION&MAINTENANCE SERVICE CO.
(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 _ate.,..,...`
OF•TEkQ 1
December 11,2015 Sir /\ • -kl10
DATE OF SUBSTANTIAL COMPLETION 1 -k:• .M,-`CHEL.. 0
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Executed by Engineer on (.! e,401r l I , 2015
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Exhibit "B"
(Contractor's Certificate and Release)
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: CONSTRUCTION &MAINTENANCE SERVICE CO.
(NAME OF CONTRACTOR)
TO: The City of Port Arthur
(OWNER)
REFERENCE CONTRACT NO. SOUTEX 12-0522 ENTERED INTO THE
DAY OF
AND NO FORMAL CONTRACT EXISTS BETWEEN CONTACTOR AND OWNER
(NAME OF CONTRACTOR)
OF
(CITY) (STATE)
FOR THE: Construction of Water Line and Sewer Line Improvements along Highway
365 to serve Tractor Supply Per Plan set.
(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�ITNESS WHEREOF,the undersigned has signed and sealed this instrument this I � �day
of ,201 .
(SEAL) '
CONSTRUCTION &2�4'• . ANCE I► CO.
(CONTRACTOR)c,_
„AMR/.
..,491: WA/04CM
(PRESIDENT)
Nathan Wright ,being first duly sworn on oath,deposes and says,first,that he is the
OWNER of CONSTRUCTION&MAINTENANCE SERVICE CO.
(PRESIDENT) (NAME OF COMPANY)
second,that he has read the foregoing certificate by him subscribed as OWNER
(OWNE•
of CONSTRUCTION&MAINTENANCE SERVICE CO.
(NAME OF COMPANY) /�
Affiant further states that the matters and things stated her& s
VA.?
(Nathan ght�
Subscribed and sworn to before me this \ day of 0V ,20 iU) .
11 �i
My commission expires 1I,0VevnIxdl(' I 000
(DATE)
e02‘14"<"•• JESSICAA. BOWEN 11
API
N * MY COMMISSION EXPIRES
o ? NOVEMBER 7, 2017 �I `'
vir (NOTARY PUBLIC)
2
Exhibit "C"
(Certificate of Guarantee)
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: CONSTRUCTION &MAINTENANCE SERVICE CO.
(NAME OF CONTRACTOR)
TO: The City of Port Arthur
(OWNER)
REFERENCE CONTRACT NO.SOUTEX 12-0522 ENTERED INTO THE
DAY OF
AND NO FORMAL AGREEMENT EXISTS BETWEEN CONTRACTOR AND OWNER
(NAME OF CONTRACTOR)
OF
(CITY) (STATE)
FOR: CONSTRUCTION OF WATER LINE AND SEWER LINE IMPROVEMENTS ALONG
HIGHWAY 365 TO SERVE TRACTOR SUPPLY PER PLANSET
(NAME OF PROJECT)
KNOW ALL MEN BY THESE PRESENTS:
1. CONSTRUCTION & MAINTENANCE SERVICE CO. 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 guarantee shall cover a period of two (2) years from the date of acceptance for
the approximately 600 If of 10"sewerline between the existing manhole that was tied
into to the new manhole installed at the intersection of HWY 365 and Park Central
Blvd.
4. 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
k.6 day of JcLllrt , 20 I
(CORPORATE SEAL)
CONSTRUCTION&MAINTE`NANCE SERVICE CO.
(CONTRACTOR)
A p41, °Flifiri-Appr
BY: ...KI07. AlgiAPOIIPPVI
(Nathan Wright,a'-ner) ,,4111
NATHAN WRIGHT ,being first duly sworn on oath,deposes and says,first,that he is the
(OWNER)
OWNER of CONSTRUCTION&MAINTENANCE SERVICE CO.
(TITLE) (NAME OF COMPANY)
second,that he has read the foregoing certificate by him subscribed as OWNER
(TITLE)
of CONSTRUCTION&MAINTENANCE SERVICE CO.
(NAME OF COMPANY)
Affiant further states that the matters and things stated herein .
id
<----740011k yillr
(NATHAN WRIGHT) i,
Subscribed and sworn to before me this A ik±i4 day of Jarika.41:5 , 20 d b .
My commission expires N e hi tper 1I eIC 1 1
(DATE)
pv'aJa AA. BOWEN ?0, G <432.
��"'* MY COMMISSION EXPIRES
,-„,9
(NOTARY PUBLIC)
��
"fiNOVEMBER 7, 2017
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2
Exhibit "D"
(Certificate of Acceptance)
CERTIFICATE OF ACCEPTANCE
FOR
WATER SYSTEM TO SERVE THE TRACTOR
SUPPLY COMPANY, 1650 HWY 365 PORT
ARTHUR, TEXAS,
IN THE
CITY OF PORT ARTHUR
TO: Construction&Maintenance Service Co.
Date:
Gentlemen:
This is to certify that the City of Port Arthur, Texas, accepts the completion of the water
utility to serve the Tractor Supply Company, 1650 Hwy 365, Port Arthur, Texas, on
the basis of the Engineer's Certificate of Completion by Jeremy Mitchell, P.E. of
Soutex Surveyors & Engineers of Port Arthur, Texas, the Contractor's Certificate of
Guarantee, and the Contractor's Certificate and Release, executed by Nathan Wright,
owner of Construction& Maintenance Service Co.
Brian McDougal
City Manager
ATTEST:
Sherri Bellard
City Secretary