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HomeMy WebLinkAboutPR 19384: CERTIFICATE, DEVELOPMENT OF EDISON SQUARE City of )114 J n r r r t lr r P.R. No. 19384 05/20/16 rtb Texas INTEROFFICE MEMORANDUM PUBLIC WORKS DEPARTMENT-ADMINISTRATION DIV. Date: May 20, 2016 To: Brian McDougal, City Manager From: Rawetts T. Baaheth, Sr., Interim Public Works Director RE: Proposed Resolution No. 19384 Background: Edison Square, a private road subdivision was developed by ICON Builders, LLC (Housing Authority authorized developer) to build a single story townhome development. The Engineering was completed by Fitz & Shipman Inc., a consulting engineering firm from Beaumont, Texas. The construction of the infrastructure (water, sewer, drainage, and pavement) was constructed by ICON Builders, LLC a contractor from Port Arthur, Texas. Public Works-Engineering and Utilities Operation have inspected the infrastructure which has been determined to meet all requirements set out in the standard drawings and technical specifications of the City of Port Arthur, Texas. Staff Analysis, Considerations: None. Recommendation: I recommend that the City Council approve Proposed Resolution No. 19384 authorizing the City Manager to sign the Certificate of Acceptance to the property located at 3501 12th Street (Edison Square Development), for the public infrastructure improvements on behalf of the City of Port Arthur, Texas. Budjiet Considerations: None. P.R. 19384 05/18/16 rtb RESOLUTION NO. A RESOLUTION AUTHORIZING ACCEPTANCE OF ENGINEER'S CERTIFICATE OF COMPLETION, CONTRACTOR'S CERTIFICATE AND RELEASE, CONTRACTOR'S CERTIFICATE OF GUARANTEE, FOR THE DEVELOPEMENT AT 3501 12TH STREET (EDISON SQUARE) 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 property at 3501 12th Street (Edison Square Development), an Engineer's Certificate of Completion from Daniel Dearman, P.E. of Fitz and Shipman, Inc. dated May 13, 2016 (attached as Exhibit "A"), a Contractor's Certificate and Release (attached as Exhibit "B") and Contractor's Certificate of Guarantee (attached as Exhibit "C") both dated May 15, 2015 from ICON Builders, LLC of Port Arthur, Texas certifying that the public infrastructure improvements have been completed; and, WHEREAS, the Public Works Department, Engineering Division and the Utility Operations Department have inspected the public infrastructure (water, sewer, drainage, and roadway) within the City's right-of-way meeting all requirements set out in City of Port Arthur standard drawings and technical specifications. It should be noted all streets within proposed development are private; 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 the property located at 3501 12th Street (Edison Square Development), for all of the public infrastructure improvements, attached and made part hereof as Exhibit"D"; and, P.R. 19384 Page 2 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. 2016 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Mayor Attest: Sherri Bellard City Secretary APPROV' 11 -IS TO . ORM: Aillt air City A . APPRO* D FOR ADMINISTRATION: Ii A 1/ , . B •.n Mc boug. etts T. Baahet , Sr. 'ity M. ,a e• Interim Director of Public Works Dr. Jim' ie Jo • on Assistant City Manager/Director of Utilities ATTACHMENT A ENGINEER'S CERTIFICATE OF COMPLETION Project: 3501 12th Street (Edison Square Development) Date of Issuance: May 20, 2016 Owner(s): CITY OF PORT ARTHUR Owner(s) Project No: Engineer: Fitz & Shipman Inc. Contractor: ICON Builders, LLC 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 ICON Builders, LLC (CONTRACTOR) The Work to which this Certificate applies had been inspected by authorized representative of Owner, Contractor and Engineer, and that Work is hereby declared to be complete in accordance with the Contract Documents on ;y 1AW.L' 4 Date of Completion ..°.....,....., A DONALD R. KING Executed by Engineer on ' � ,20 /b000000 w'tvw 4846. 3 �,' BY: c/i4e.d..e("e /G(Contractor Engineer) ® ,i � KJ -A , (S 5N7,(44A-), INL, Fittz&Shipman INC. Consulting Engineers and Land Stuveyors 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. Mitchell L. Brackin,R.P.L.S. February 23, 2016 City of Port Arthur P.O. Box 1089 Port Arthur, TX. 77641-1089 Reference: City Water Line Installation Edison Square Duplexes FS Proj. No. 13044.0001 Gentlemen, I, Donald R. King, P.E. hereby certify that the installation of the City water lines, associated with Port Arthur Housing Authority's Edison Square Duplexes, were constructed in general conformance with the approved plans and specifications. The pressure test was witnessed by City of Port Arthur Water Department Representatives and Fittz & Shipman, Inc.. All tests passed. We request that the infrastructure be accepted by the City of Port Arthur. Should you have any questions, please call. Sincerely, Fittz &Shipman, Inc_ „A •,.�+ . DONALD R. KING ° '8461 2••ti By: Donald R, King .E. ° For the Firm CC: Charles Shajari, City of Port Arthur Z'2 3.- 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 ATTACHMENT B CONTRACTOR'S CERTIFICATE AND RELEASE FROM:ICON BUILDERS,LLC To: CITY OF PORT ARTHUR FOR THE CONTRACT ENTERED INTO THE 30 DAY OF DECEMBER 20 14 , BETWEEN THE PORT ARTHUR HOUSING AUTHORITY AND ICON BUILDERS, LLC OF PORT ARTHUR, TX PUBLIC-ALL INFASTRUCTURE AS SHOWN ON SET OF APPROVED PLANS FOR FOR THE: EDISON SQUARE DUPLEXES KNOW ALL MEN BY THESE PRESENTS: 1) The undersigned hereby certifies that there is due from, and payable by, the Owner to the and duly approved change orders and modifications the balance of: NONE 2) The undersigned further certifies that, in addition to the amount set forth in Paragraph 1, there outstanding and unsettled the following items which he claims are just and due and owing by the to the Contractor: NONE 3) The undersigned further certifies that all work required under this contract, including all Change Orders, has been performed in accordance with the terms thereof, and that there are no unpaid for materials, supplies, or equipment and no claim of laborers or mechanics for unpaid wages arising out of the performance of this contract, and that the wage rates paid by the Contractor in conformitywith the contractor provisions relating to said wage rates. 4) Except for the amounts stated under Paragraphs 1 and 2 hereof, the undersigned has received money payable to the undersigned under, or pursuiant to, the above mentioned contract or any thereof. 5) That, in consideration of the payment of the amount stated in Paragraph 1 here of,the Owner and Operator from any and all claimes arising under, or by virtue of this contract, except Paragraph 2 hereof due from the Owner; provided, however,that if for any reason,the Owner amount stated in Paragraph 1 hereof, said deduction shall not affect the validity of this release, shall be automatically included under Paragraph 2 as an amount which the Contractor has not payment thereof. The Contractor further certifies that, upon the payment of the amount listed in any amount which may be deducted from Paragraph 1 hereof, he will release the Owner and claims of any nature whatsoever arising out of said contract or modification thereof, and will or assurances as the Owner and Operator may request. IN WITNESS WHEREOF, the undersigned has signed and sealed this day of 2016 (Contractor) / By: � AL Lt'rc 5- Cic an Adsh;fe , being first duly sworn on oath, deposes and says, first, that he is the 5 Rust (Title) of lC6 t\l 1,14.1.‘ e-r5/LL-C . Second, that he has read the foregoing certificate by him subscribed as Sy►, et,r .6--,,v-w"- (Name of Contractor) (Title) of JCIA\ "ttold..afs, L.L.C. (Name of Contractor) 0,j560 It�S�lire Subscribed and sworn to before me this lay of r44,t 20 1 Ii . My commission expires $ -8-1g 7 . (Date) eY PUBLIC PAIGE TUCKER (Notay Public) Notary Public,State of Texas My Commission Expires u}9'e0F1V- August 8,2018 ATTACHMENT C CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM: ICON BUILDERS, LLC (Name of Contractor) TO: CITY OF PORT ARTHUR (Owner) FOR THE CONTRACT ENTERED INTO THE 30 DAY OF DECEMBER 20 14 , BETWEEN THE CITY OF PORT ARTHUR (Owner) AND ICON BUILDERS, LLC (Name of Contractor) OF PORT ARTHUR, TX (City and State) FOR THE: PUBLIC-ALL INFASTRUCTURE AS SHOWN ON SET OF APPROVED PLANS PERFOMED FOR THE EDISON SQUARE DUPLEXES LOCATED IN THE CITY OF PORT ARTHUR, TEXAS KNOW ALL MEN BY THESE PRESENTS: 1. The undersigned does hereby guarantee all of the work done under the above referenced contract to be free from improper workmanship and free from faulty materials, and that all work was performed in accordance to the guidance and instructions received from the City of Port Arthur according to the terms of the aforesaid contract. 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 action taken by the City Council of the City of Port Arthur accepting this work. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this '2 day of Mall , 20 16 . (Contractor) BY: .S�o I,if Lire ( ) n i Snn ski re- , being first duly sworn on oath, deposes and says, first, that he is the SVS ie lei-ten of C.O ?qui 4d?rs LL 1 of 2 (Title) (Name of Contractor) Second, that he has read the foregoing certificate by him subscribed asSV', nr}-rid - at (Title) of 1 C W l�1 t i vies U-C (Name of Contractor) Affiant further states that the matters and things stated herein are true. di/re- e,IsS6D 11—b ( ) Subscribed and sworn to before me this Z5 day of Ma►i , 20 16 . My commission expires g- r- I g (Date) P08 PAIGE TUCKER * ► * Notary Public,State of Texas 0 -� My Commission Expires (Not y Public) August 8,2018 2 of 2 ATTACHMENT D City of Port Arthur, Texas Department of Public Works CERTIFICATE OF ACCEPTANCE For The Infrastructure (water, sewer, drainage, and pavement) for 3501 12th Street (Edison Square) To: ICON Builders, LLC This document is to certify that the City of Port Arthur, Texas accepts the completion of the Edison Square Development for the above mentioned project on the basis of the City of Port Arthur, Texas - Public Works Department, the Contractor's Certificate and Release and the Contractor's Certificate of Guarantee from ICON Builders, LLC. Brian McDougal City Manager ATTEST: Sherri Bellard City Secretary