HomeMy WebLinkAboutPR 14758: ICON BUILDERS - SOUTHWOOD CROSSING PHASE 1&2MEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Stephen Fitzgibbons, City Manager
FROM: Kelly Eldridge, Director of Utility Operations ,~~i~`,
DATE: June 3, 2008
SUBJECT: Proposed Resolution No. 14758
COMMENTS
RECOMMENDATION
I recommend .that the City Council approve Proposed Resolution No. 14758, which accepts the
Engineer's Certificate of Completion, Contractor's Certificate of Guarantee, and Contractor's
Certificate and Release from Icon Builders, LLC for the completion of public improvements to
include the public water system only in the Southwood Crossing Phase 1&2 Apartment Complex
development.
BACKGROUND
The Port Arthur Housing Authority and K.T. Akbari developed a tract of land for the construction of
an apartment complex on Hwy 73 near the Ramada Inn. They have granted the City an easement for
the water system utilities in an accompanying Proposed Resolution. Their contractor, Icon Builders,
LLC, subsequently performed this work in accordance with City Standards and the improvements are
ready for acceptance by the City.
BUDGET/FISCAL EFFECT
None.
STAFF/EMPLOYEE EFFECT
City staff attended the Final Inspection of these utilities to verify conformance with City Standards.
SUMMARY
Approval of Proposed Resolution No. 14758 is recommended.
P.R. No. 14758
06/03/08
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF AN
ENGINEER'S CERTIFICATE OF COMPLETION,
CONTRACTOR'S CERTIFICATE AND .RELEASE, AND
CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM
ICON BUILDERS, LLC FOR THE COMPLETION OF
PUBLIC IMPROVEMENTS (WATER SYSTEM) TO SERVE
THE SOUTHWOOD CROSSING PHASE 1&2 APARTMENT
.. COMPLEX DEVELOPMENT, AND AUTHORIZING THE
CITY MANAGER 'TO SIGN THE CERTIFICATE OF
ACCEPTANCE ON_BEHALF OF THE CITY OF PORT
ARTHUR, TEXAS.
WHEREAS, the Port Arthur Housing Authority and K.T: Akbari planned and developed a
tract of land for the purpose of constructing an apartment complex; and,
WHEREAS, the Port Arthur Housing Authority and K.T. Akbari granted a water utility
easement for these public improvements; and,
WHEREAS, the Port Arthur Housing Authority and K.T. Akbazi contracted with Icon
Builders, LLC for construction of the public water systems throughout this development; and,
WHEREAS, the City has received an Engineer's Certificate of Completion dated May 19,
2008 from Stanley G. Newsome, Jr., P.E. certifying that the water system in the project has been
completed according to City Standazds, copy attached hereto and made a part hereof as Exhibit A,
together with a Contractor's Certificate and Release (Exhibit B), and a Contractor's Certificate of
Guarantee (Exhibit C) both executed by Christopher Akbari, Vice President of Icon Builders, LLC;
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
P.R No. 14758
06/03/08
Page 2
execute on behalf of the City of Port Arthur a Certificate of Acceptance (Exhibit D) for the
completion of the public water infrastructure. ,.,
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
2008 at a
Regulaz Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor
Councilmembers:
NOES:
ATTEST:
Tem Hanks
City Secretary
APPROVED:
Stephen Fitzgibbons
City Manager
Deloris Prince
Mayor
APPROVED AS TO FORM:
Mark Sokolow
City Attorney
l~~ ~~ z
Kelly El ridge
Director of Utility Operations
EXHIBIT A
,Stanley G. Newsome, Jr., P.E.
Consulting Engineer
gnewsome([HpLrccom
May 19, 2008
City of Port Arthur
P.O. Box 1089
Port Arthur, Texas 77641-1089
Attn: Mr. Kelly Eldridge
3737 Doctors Drive
Port Arthur, Texas 77642
Phone:409-983-2004,ce11409-718-0612
Fax:409-983-2005
Re: Easement for Southwood Crossing Apartment Complex Water Line
Gentlemen:
Please find attached a drawing and field notes fora 15' wide easement for the file line at
Southwood Crossing. It is our understanding that the easement will be granted to the City
by the Port Arthur Housing Authority. Also enclosed is a Contractor's Release and A
Contractor's Guararitee for the said water line. The pressure test and the bacteriological
test were done by your employees.
I, Stanley G. Newsome, Jr., P.E., hereby certify that the subject water line was
constructed in general conformance with the approved plans and specifications.
Respectful y submitted,
-~~
S ey G. Newsome, Jr., P.E.
Attachments
C
Icon Builders, LLC
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EXHIBIT B
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
h ~ DAY OF `.~ Zo~~; BETWEEN THE
CITY OF PORT ARTHUR OF JEFFERSON COUNTY, TEXAS
AND Icon Builders. LLC
OF 2901 Turtle Creek Drive. Suite 106. Port Arthur. Texas 77642
(CITY) (STATE)
FOR THE construction of an 8'water line with fire hydrants
(Name of Operations) .
OF THE Southwood Crossing Phase I & II Apartment Complex
(Name of Project}
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
Icon Builders. LLG 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 improperworkmanship, and against injuryfrom properand
usual wear; and agrees fo replace or re~xecute 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.
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 ACCEPTANCE. OF THE
IMPROVEMENTS BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR.
This Certificate is given in connection of the final payment under the contract
between the City of Port Arthur and NA
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
Page 1 of 2
contained in this affidavit.
IN WITNESS WHE~)REOF, the undersigned has signed. and sealed this instrument
this ~ ~~' day of VC~°~' ~ , 20 U ~ .
~~~ (SEAL)
(Signature and Title of Officer)
l/l ," ~'~ ~~ ~ ~~~`'"~ ,being first duly sworn on oath, deposes and says,
(Affiant) .
first, that he is the
Icon Builders, LLC
of the
V t cc 1 ~'rs~~Lt~l
(Title)
e of Company)
second, that he has read the foregoing certificate by him subscribed as
r
~;
Icon Builders, LLC
~rr~! °~
" (Title)
me of Company)
of the
Affiant further states that the matters and things stated herein are true.
(Affiant) Subscribed and sworn to before me this ~ ~ day of Q~1X.' hQ 1'
2007
My commission expires ~ia -.I~~:~C' I ~
(Date) ' ~,,,,,,,
-~oti~?Y °~o-- MEGAN LUNCEFORD
?r '~~ Notary Public State of Texaa
uy-~~y? Commission Expires
~'o~'-OF'~~°~` FEBRUARY 12, 2011
- (Notary)
Page 2 of 2
~_ ..
..._
v
>.
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: Icon Builders. LLC
_ (Name of Contractor)
TO:
Agent)
REFERENCE CONTRACT NO. NA ENTERED INTO THE
DAY OF ~~( {y{~ I 1 ~ Z dO l ,BETWEEN THE
CITY OF PORT ARTHUR OF JEFFERSON COUNTY, TEXAS
AND
of Company)
OF 2901 Turtle Creek Drive, Suite 106, Port Arthur, Texas 77642
(CITY) (STATE)
FOR THE construction of an 8'water line
(Name of Operations)
OF THE Southwood Crossing Phase I & 2 Apartment Complex
(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
Osiers and modifications 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 cert~es that all work required under this contractincluding
work required under change orders numbered NA 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 underor 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 all claims
arising under or by virtue of this contract, except the amount listed in paragraph 2
hereof; provided, however, that rf for any reason 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 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 arisirig 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 ~ ~~ day of ~(:~~~.-~ , 20 6 7
/ ~~
2 ' (SEAL)
• (Contractor)
Page 2 of 3
11
(Signature and Title of Officer)
~Fl~i ^Y ~h YI being+first duly swom
(Affiant) t ,~ n
first that he is the l>/~ ~I'PC i(.~U=n.{ of the _
_ (Title)
Icon Builders, LLC
(Name
second, that he has read the foregoing certificate by him subscribed. as
I (~ ~}' P ~ G~1 ~f'1{ of the
(Title)
Icon Builders. LLC
(Name of Company)
Affiant further states that the matters and things stated herein are true.
(Affiant)
Subscribed and swom to before me this ~_ day of. L~~ ~~-(_ I~
20~_
My commission expires C2-12 2 0 ~ I
(Date)
(Notary)
Page 3 of 3
on oath, deposes., and-says,
11~1I, I,,.p
,,.~~*gYeya,.,, MEGAN LUNCEFOR^
'_°.•`~ '~~` Notary Pu61icState of Texas
_.,~.. Commission Expires
~'~9~'OF~` FEBRUARY 12, 2011
ExxIBTT n
CERTIFICATE OFACCEPTANCE
FOR
Construction of the Public Water
System to Serve the Southwood Crossing
Apartment Complex
For the Port Arthur Housing Authority, K.T. Akbari,
and Icon Builders, LLC
IN THE
CITY OF PORT ARTHUR
TO: Port Arthur Housing Authority
K.T. Akbari
Icon Builders,. LLC
Gentlemen:
This is to certify that the City of Port Arthur, Texas, accepts the completion of the public water
system for the above development on the basis of the Engineer's Certificate of Completion, the
Contractor's Certificate of Guarantee, and the Contractor's Certificate and Release, executed by
Christopher Akbari, of Icon Builders, LLC.
Stephen Fitzgibbons
City Manager
ATTEST:
Terri Hanks
City Secretary
