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Home My WebLink AboutPR 19748: ACCEPTANCE OF SANITARY SEWER LINE City of ort rthrrr Ii�,�us INTEROFFICE MEMORANDUM Date: July 24, 2017 To: The Honorable Mayor and City Council Through: Brian McDougal, City Manager From: Jimmie Johnson. Ph.D., Assistant City Manager RE: PR 19748—Acceptance of Sanitary Sewer Line Introduction: The intent of this Agenda Item is to seek the City Council's approval for the City Manager to sign an acceptance letter for a newly constructed Sanitary Sewer Main for the Port Plaza Shopping Center. Backj'round: A Sanitary Sewer Main line was installed, at developer cost, for new construction in the Port Plaza Shopping Center. This main installation was under the supervision and inspection of City Staff and meets their approval. Upon acceptance, the City of Port Arthur will be responsible for maintaining the new line. Budget Impact: This proposed resolution has no budgetary impact. Recommendation: It is recommended that City Council approve the City Manager to sign an acceptance letter for the new Sanitary Sewer Main as discussed and/or outlined above. "Remember,we are here to serve the Citizens of Port Arthur" P. R. No. 19748 07/24/17 ds Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING ACCEPTANCE OF THE ENGINEER'S CERTIFICATE OF COMPLETION, CONTRACTOR'S CERTIFICATE AND RELEASE, AND CONTRACTOR'S CERTIFICATE OF GUARANTEE FOR CONSTRUCTION OF THE SEWER MAIN LINE IN FRONT OF PORT PLAZA SHOPPING CENTER AND AUTHORIZING THE CITY MANAGER TO SIGN THE CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE CITY OF PORT ARTHUR, TEXAS. WHEREAS, LSI General Contractors has completed the contracted project to the satisfaction of the project engineer and City staff; and, WHEREAS, the City has received the Engineer's Certificate of Completion, dated March 2, 2017, from Fittz and Shipman, Inc. of Beaumont, Texas, stating that, to the best of their knowledge, the Port Plaza Shopping Center Sanitary Sewer Main Line 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 LSI General Contractors of Houston, Texas, 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 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 Port Plaza Shopping Center Sanitary Sewer Main Line, and, P. R. No. 19748 07/24/17 ds Page 2 of 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 , 2017 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor ; Council Members ; NOES: Derrick Freeman Mayor ATTEST: APPROVED AS TO FORM: Vn& J . Sherri Bellard Valecia TizencQ City Secretary City Attorney APPROVED FOR ADMINISTRATION: ke/ Brian McDougal Clifto Williams, CPPB City Manager Purchasing Manager P. R. No. 19748 07/24/17 ds Page 3 of 3 Jimmie Johnson, Ph.D. Assistant City Manager EXHIBIT "A" (Fittz& Shipman, Inc., Engineer's Certificate of Completion) Fittz & Shipman INC. Consulting Engineers and Land Surveyors Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) Donald R.King,P.E. Terry G.Shipman,P.E.,Senior Consultant Bernardino D.Tristan,P.E. Billy J.Smith,Jr.,President Jason R.Davis,P.E. Daniel A.Dotson,P.E.,Vice President Mitchell L.Brackin,R.P.L.S. March 20, 2017 City of Port Arthur P.O. Box 1089 Port Arthur, TX. 77641-1089 Reference: City Sewer Line Installation FS Proj. No. 14102.0001 Port Plaza Shopping Center Xxxxx Memorial Drive Port Arthur, Texas 77640 Gentlemen, I, Donald R. King, P.E. hereby certify that the installation of the City Sewer line, associated with LSI Construction for Port Plaza Shopping center located on the west side of Memorial Blvd N. of Jimmy Johnson Drive in Port Arthur, 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 questions, please call. Sincerely, Fittz &Shipman, Inc. By: Donald R. King, . For the Firm 14102-1 Sewer eng cert 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 SEWER LINE IMPROVEMENTS PROJECT:_ Port Plaza Shopping Center DATE OF ISSUANCE: March 2,2017 OWNER: L S I CONSTRUCTION, INC. OWNER'S Project No.: FS 14102.0001 CONTRACTOR: L S I Construction,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: L S I Construction,Inc. OWNER And To: L S I Construction,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 Sewer line installation is hereby declared to be substantially complete in accordance with the Contract Documents to the best of my knowledge. Maarch 16,2017 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 CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by ENGINEER on: March 20, 2017 Fittz &Shipman, Inc. ENGINEER By: i Donald R.Ki , .E. SC - 1 EXHIBIT "B" (Contractor's Certificate and Release) CONTRACTOR'S CERTIFICATE AND RELEASE FROM: LSI GENERAL CONTR.k("I ORS (Name of Contractor) TO: City of Port Arthur (Local Public Agent) REFERENCE CONTRACT FOR PORT PLAZA CENTRE, MEMORIAL DRIVE,PORT ARTHUR,TEXAS LSI GENERAL CONSTRACTORS OF HOUSTON,TEXAS 77064 (CITY) (STATE) (ZIP) FOR THE PUBLIC SEWER SYSTEM MODIFICATIONS FOR THE CITY OF' PORT ARTHUR PERFORMED FOR THE PORT PLAZA 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) (c) (d) (Itemize claims and amounts due) (if none,so state) 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 Page 1 of 3 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 a1 day of 1'l'PC h , 2017. T ®y K[2L LLC .,. TEALA�� LL ... P�6Y (Contras or) ""1 =<; �' =NOTARY PUBLIC-STATE O TEXAS r�s• COMM. EXP 05-06-2018 (Signatu e and Title of Officer) E'bt : F s NOTARY ID 129809251 ACKNOWLEDGEMENT KV? ,being first duly sworn on oath, deposes and says, (Affiant) ��, ,per first that he is them( 1 N9 ► itk WT-liV '' LSI GENERAL CONTRACTORS (Title) (Name of Company) second,that he has read the foregoing certificate by him subscribed as Ma/s44 jNq ogverz4 POW' ' (Title)J J LSI GENERAL CONTRACTORS. (Name of Company) Affiant further states that the matters and things stated herein are true. Page 2 of 3 Ka'L t-l aC-Arolvi (Affiant) I,� Subscribed and sworn to before me this 21 dayNn of 1`�, LV ` 2011 . My commission expires INA1 Q' WI . ate) lb wr "' TEAL JFRANKE � MIIItwIL. -t.s.• 4,, NOTARY PUBLIC-STATE OF TF\AS (Notary) t�,".. COMM. EXP 05-06-2018 ° i. o °f``, , NOTARY ID 129609251 Page 3 of 3 EXHIBIT "C" (Contractor's Certificate of Guarantee) CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM: LSI GENERAL CONTRACTORS (Name of Contractor) TO: CITY OF PORT ARTHUR (Local Public Agent) REFERENCE CONTRACT FOR PORT PLAZA SANITARY SEWER,W. SIDE MEMORIAL DRIVE,N. OF JIMMY JOHNSON, PORT ARTHUR, TEXAS LSI GENERAL CONTRACTORS,OF HOUSTON.TEXAS 77064 (CITY) (STATE) (ZIP) FOR THE PUBLIC SEWER SYSTEM MODIFICATIONS FOR THE CITY OF PORT ARTHUR PERFORMED FOR THE PORT PLAZA CENTER (Name of Project) LOCATED IN THE CITY OF PORT ARTHUR, TEXAS: KNOW ALL MEN BY THESE PRESENTS: Vartwe 1. f• 1 f•lQEIbN-- Elerl�'htreti rnall 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/y 27 day of 4A ,20 /7 �..t.....a wsnr— ,``ar•rF^-AL J FRANKE �/ `(� LLC :°�.�.(�u,��o?NOT.' : .Fli IC-:TATE OF TEXAS trs NC,gnerdPartner 3a. /� coh;;.tai. EXP. VS1C-00,1113 (C ntra ) , ;,` r WARY 1D 120£09251 (Signature and Title of Officer) ACKNOWLEDGEMENT Page 1 of 2 Kir 11 Y•-U EIYO1 v ,being first duly sworn on oath,deposes and says, (Affiant) 11 first that he is then (ie {G rLSI GENERAL CONTRACTORS, ( tie) (Name of Company) � second,that he has read the foregoing certificate by him subscribed asP ( ,� fetier (Title) LSI GENERAL CONTRACTORS (Name of Company) Affiant further states that the matters and things stated herein are true. Kerr L ( t M o (Affiant Subscribed and sworn to before me this 21 day of YYL17\ 20 11. My commission expires NV1/4 L' 'LU 119 . (lp�ate) „„.....,, TEAL J FRANKE S •� I , =+�'' �n NOTARY PUBLtC uTATE OF TEXAS COMM FXP. OS-06-2018 NOTARY ID 129(;09251 (Notar ''„„��__ _ Page 2 of 2 EXHIBIT "D" (Certificate of Acceptance from City of Port Arthur) City of Port Arthur, 7e.,ws Department of Utilities CERTIFICATE OF ACCEPTANCE FOR The New Sanitary Sewer Main for the Port Plaza Shopping Center in the City of Port Arthur, Texas To: Fittz & Shipman, Inc. This document is to certify that the City of Port Arthur, Texas accepts the new Sanitary Sewer Main Line constructed for the expansion of the Port Plaza Shopping Center on the basis of the City of Port Arthur, Texas Utility Department, the Engineer's Certificate of Completion, the Contractor's Certificate and Release, and Contractor's Certificate of Guarantee from LSI Construction. Brian McDougal City Manager ATTEST: Sherri Bellard City Secretary