HomeMy WebLinkAboutPR 14595: ACCEPTANCE OF ITEX PROFESSIONAL PARKPUBLIC WORKS DEPARTMENT
COUNCIL ACTION MEMO
TO Stephen Fitzgibbons, City Manager
FROM John A. Comeaux, P.E., Director of Public Works
SUBJECT P.R. #14595 -Acceptance of ITEX Professional Park
DATE March 4, 2008
RECOMMENDATION:
I recommend that the City Council approve Proposed Resolution No. 14595, accepting an
Engineer's Certificate of Completion, Contractor's Certificate and Release, and Contractor's
Certificate of Guarantee; and issuing Certificates of Acceptance for public infrastructure for
ITEX Professional Park.
BACKGROUND:
All proposed roadway, drainage, water, and sanitary sewer improvements for ITEX
Professional Park have been constructed according to the approved plans. In addition,
representatives of the Public Works and Utility Operations Departments have inspected
these improvements. and found them to be in accordance with City standards.
BUDGETARY/FISCAL EFFECT:
None.
EMPLOYEE/STAFF EFFECT:
City staff will assume operation and maintenance of these improvements after the initial
guarantee period.
SUMMARY
I recommend that the City Council approve Proposed Resolution No. 14595, accepting an
Engineer's Certificate of Completion, Contractor's Certificate and Release, and Contractor's
Certificate of Guarantee; and issuing Certificates of Acceptance for public infrastructure for
ITDC Professional Park.
FoR John A. Comeaux, P.E. ~
Director of Public Works _.
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Z:\engineer\documents\CAMS\ITIX Prof Accept.dac
P.R.14595
03/04/08 reb
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF -THE
CONTRACTOR'S CERTIFICATE AND RELEASE AND CONTRACTOR'S
CERTIFICATE OF GUARANTEE FROM ICON BUILDERS, LLC FOR
ITEX PROFESSIONAL PARK AND AUTHORIZING THE CITY
MANAGER TO SIGN THE CERTIFICATE OF ACCEPTANCE ON
BEHALF OF THE CITY OF PORT ARTHUR, TEXAS.
WHEREAS, the City has received for ITEX Professional Park, an Engineer's
Certificate. of Completion, dated January 22, 2008, from Stanley G. Newsome, Jr., P.E.
(attached as Exhibit "A'~, a Contractor's Certificate and Release, dated January 23,
2008, from Icon Builders, LLC (attached as Exhibit "B'~, and a Contractor's Certificate of
Guarantee, dated January 23, 2008, from Icon Builders, LLC (attached as Exhibit "C"),
certifying that the public infrastructure improvements have been completed; and,
WHEREAS, representatives from the Public Works Department and Utility
Operations Department have inspected the completed roadway, drainage, water, and
sewer improvements; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CYTY 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 ITEX Professional Park, L.L.C. for the public
infrastructure improvements associated with ITEX Professional Park, attached and made
a part hereof as Exhibit "D"; and,
P.R. 14595
Page 2
THAT, a copy of the caption of this Resolution be spread upon the Minutes of
a
the City Council.
READ, ADOPTED AND APPROVED this the _ day of A.D. 2008
at a
meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers
Mayor
Attest:
APPROVED AS TO FORM:
~~,,,~ ~r/I.CCr,,~/
City Secretary
APPROVED FOR ADMINISTRATION:
Stephen Fitrgibbons
City Manager
Kelly EI ridge
Director of Utility Operations
City Attorney
~~ ~/l n /~
F-o(ZJohn A. Comeaux, P.E.
Director of Public Works
Z: \engineer\Documents\Resol utions\PR14595. doc
EXHIBIT A
Stanley G. Newsome, Jr., P.E.
Consulting Engineer
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January 22, 2008
City of Port Arthur
P.O. Box 1089
Port Arthur, Texas 77641-1089
Attn: Mr. Ross Blackketter, P.E.
Re: ITEX Professional Park
ENGINEERS CERTIFICATE
Gentlemen:
3737 Doctors Drive
Port Arthur, Texas 77642
Phone:409-983-2004,ce11409-718-0612
Fax:409-983-2005
I, Stanley G. Newsome, Jr., P.E., hereby certify that the ITEX PROFESSIONAL
PARK was constructed in general conformance with the approved plans and
specifications.
We request that the infrastructure be accepted by the City of Port Arthur. Note:
the water. and sewer was existing and the City modified the water to install a fire hydrant.
This project involved a short sewer extension along Turtle Creek from the existing
manhole to the east to a cleanout. Some of the storm sewer existed prior to construction.
Should you have any questions, please call.
Respectfully submitted,
S e G. Newsome, Jr., P. .
c.
Dale Watson
Mr. Ross Blackketter, P.E.
Kelly Eldridge
Icon Builders
I
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SiAN1EY G .NEWSGME, JR.
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.EXHIBIT B
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: Icon Builders. LLC
(Name of Contractor)
(Local Public Agent)
REFERENCE CONTRACT NO. ENTERED INTO THE
DAY OF NA ,BETWEEN THE
CITY OF PORT ARTHUR OF JEFFERSON COUNTY, TEXAS
AND
(Name of
OF 2901 Turtle Creek Drive. Port Arthur, Texas 77642
(CITY) (STATE)
FOR THE construction of water. sewer, street and storm sewer
(Name of Operations)
OF THE Itex Professional Park Subdivision
(Name of Project) (Project No.)
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 modfications the balance of ZERO
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)NA
(b)
Page 1 of 3
(c)
(d)
(Itemize claims and amounts due) (if none, so state)
3. The undersigned further certifies that all work required underthis contract including
work required under change orders numbered NA -has been performed in
accordance vrith 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 inconformity 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 modfication
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 alf 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 Icon Builders, LLC 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 cert~es 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.
tN WITNESS WHEREOF, the undersigned has signed and sealed this instrument
this ?8~.~~ day of ` ; , 20 ~~~
(SEAL)
(Contractor)
Page 2 of 3
(Signature and Title of C!fficer)
~ J C~trUh~~~ (~~,: being first duly sworn on oath, deposes and says,
(Affiant)
first that he is the V ~ w ~rE~+>(~'f of the
(Title)
Icon Builders, LLC
(Name of Company)
secoond, that he has read the foregoing cert~cate by him subscribed as
Y/'~ rtESi~ of the
(Title)
Icon Builders, LLC
(Name of Company)
Affiant further states that the matters and things stated herein are true.
(Affiant)
Subscribed and sworn to before me this 23 "~ day of S.I ~~--„~
20~_ tV/
My commission expires ~~ o*^"°°~ "1~~n pu6i~c Sate of T=xas
x y. TAu ~,~ I VaQlll~
i (Date) ~. V q ~!TY r _ipP CRpL'a5
(Notary)
Page 3 of 3
EXFIIBIT C
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM:. ICON BUILDERS, LLC
(Name of Contractor)
TO: City of Port Arthur
{Local Public Agent)
REFERENCE CONTRACT NO. N/A ENTERED INTO THE
DAY OF
BETWEEN THE
CITY OF PORT ARTHUR OF JEFFERSON COUNTY, TEXAS
AND
OF
(CITY)
(STATE)
FOR THE construction of water. sewer. street and storm sewer
(Name of Operations)
OF THE Itex Professional Park Subdivision
(Name of Project)
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
Icon Builders. LLC 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 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.
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 ACCEPTANCE OF THE
IMPROVEMENTS BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR.
3. This Certificate is given in connection of the final payment under the contract
between the City of Port Arthur and N/A 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
Page 1 of 2
affidavit.
IN WITNESS WIiEREOF, the undersigned has signed and sealed this instrument
this Z3 "`{.day of ~ C~~".~~., 20 ~~.
~_,
~~ ~ (SEAL)
,,/ G7i-~
(Signature and Title of Officer)
C ~ ~'~ S ~~~ r A A~c 64 ~± ,being first duly swom on oath, deposes and says,
(Affiant)
first, that he is the Vi rn ~r~s~ ~ of the
(Title)
second, that he has read the foregoing certificate by him subscribed as
UI(!i ~ffs«~} of the
(Title)
(Name of Company)
Affiant further states that the matters and things stated herein are true.
{Affiant) Subscribed and swom to before me this 23r`~ day of
200
o~° "~ Notary ouAlk State of Tezas
My commission expires ~t D~0 =~~' F~hsal Naquin
+ Nty Ccr:mission Expires
(Date "~o.h* „re~,.._...
( tart)
Page 2 of 2
EXHIBIT D
CERTIFYCATE OF ACCEPTANCE
FOR
Completion of Streets, Drainage, Water, Sewer, and Other Public
Infrastructure for ITEX Professional Park
IN THE
CITY OF PORT ARTHUR
TO: ITEX Professional Park, L.L.C.
This is to certify that the City of Port Arthur, Texas, accepts the completion of the
streets, drainage system, water lines, sanitary sewer lines, and other public
infrastructure for ITEX Professional Park, on the basis of the Engineer's Certificate of
Completion as executed by Stanley G. Newsome, Jr., P.E.; and the Contractor's
Certificate of Guarantee and Contractor's Certificate and Release, both as executed by
Christopher A. Akbari, of Icon Builders, LLC
Stephen Fitzgibbons
City Manager
Attest:
City Secretary