HomeMy WebLinkAboutPR 15684: LEGACY SENIOR HOUSING PROJECT WATER SYSTEMMEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Stephen Fitzgibbons, City Manager `
FROM: Kelly Eldridge, Director of Utility Operations //~~~ ~~
DATE: January 6, 2010
SUBJECT: Proposed Resolution No. 15684
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 15684, which accepts two
Engineer's Certificates of Completion (one from Cazl R. Simpson, PE, of Dikita Engineering and
another from Stanley G. Newsome, Jr., PE, of Soutex Surveyors), two Contractor's Certificates of
Guarantee (a one year guarantee from KRR I Construction, LLC and a three yeaz guarantee from the
Housing Authority of the City of Port Arthur), and a Contractor's Certificate and Release from KRR
I Construction, LLC for the completion of public improvements to include the public water system to
serve the Legacy Senior Housing project on Lake Arthur Drive.
BACKGROUND
Legacy Senior Housing of Port Arthur, L.P., in a coordinated effort with the Housing Authority of
the City of Port Arthur, developed a tract of land for the construction of the Legacy Senior Housing
apartment complex at 3225 Lake Arthur Drive. An accompanying Resolution recommends
acceptance of an easement document to operate and maintain the public water system for this
development. Their contractor, KRR I Construction, subsequently performed this work in general
accordance with City Standazds and the water system improvements are ready for acceptance by the
City. Their original design engineer stated conditions on their Engineer's certificate that are not
normally stated for this type project. Subsequently, the Housing Authority asked Soutex Surveyors to
provide a statement of their knowledge of the construction of the project, as they were providing
some services during construction. Since these two certifications are much more uncertain than
'normal language, the Housing Authority has offered a three (3) yeaz guazantee on this system.
BUDGET/FISCAL EFFECT
With this development, the City will accept approximately 1550 feet of water line at an estimated
value of $45,000.
STAFF/EMPLOYEE EFFECT
City staff attended multiple Final Inspections of this system.
SUMMARY
Approval of Proposed Resolution No. 15684 is recommended.
P.R No. 15684
01/06/10
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF TWO
ENGINEER'S CERTIFICATES OF COMPLETION FROM
CARL RICHARD SIMPSON, P.E. AND STANLEY G.
NEWSOME, JR, P.E., A CONTRACTOR'S CERTIFICATE
AND RELEASE AND TWO CONTRACTOR'S
CERTIFICATES OF GUARANTEE FROM HIiR I
CONSTRUCTION, LLC AND THE HOUSING AUTHORTI'Y
OF THE CITY OF PORT ARTHUR FOR THE COMPLETION
OF PUBLIC IMPROVEMENTS (WATER SYSTEM) TO
SERVE THE LEGACY SENIOR HOUSING PROJECT, AND
AUTHORIZING THE CITY MANAGER TO SIGN THE
CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE
CITY OF PORT ARTHUR, TEXAS.
WHEREAS, Legacy Senior Housing of Port Arthur, L.P., in a coordinated effort with the
Housing Authority of the City of Port Arthur, planned and developed a tract of land for the purpose
of constructing a senior citizens apartment complex; and,
WHEREAS, Legacy Senior Housing of Port Arthur, L.P. granted water utility easementsfor
these public improvements; and,
WHEREAS, Legacy Senior Housing contracted with KRR I Construction, LLC for
construction of the public water system throughout this development; and,
WHEREAS, the City has received two Engineer's Certificates of Completion, one dated
Mazch 3, 2009 from Cazl Richard Simpson, P.E. and one dated January 5, 2010 from Stanley G.
Newsome, Jr., P.E., stating that to the best of their knowledge, the water system in the project has
been completed in general accordance with City Standards, copy attached hereto and made a part
hereof as Exhibit "A", together with a Contractor's Certificate and Release (Exhibit "B") and two
Contractor's Certificates of Guarantee (Exhibit "C"), one executed by Joseph Kemp, President of
P.R. No. 15684
01/06/10
Page 2
KRR I Construction, LLC and one three year guarantee. executed by Seledonio Quesada, Executive
Director of the Housing Authority of the City of Port Arthur; 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
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
2010 at a
Regulaz Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor
Councilmembers:
NOES:
ATTEST:
Terri Hanks
City Secretary
Deloris Prince
Mayor
APPROVED AS TO FORM:
"~V _ ~~'ir/r/t
alecia Tizeno ~J
Acting City Attorney
P.R. No. 15684
01/06/10
Page 3
APPROVED FOR ADMINISTRATION:
Stephen Fitzgibbons
City Manager
C..,~.~- • l/
Ross Blackketter, P.E.
Director of Public Works
Kelly El dge~
Director of Utility Operations
EXHIBIT A
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Dikita Enterprises
of Texas, Inc.
Divisions:
Dikita
Engineering
Diklta
Management
Services
vrww.dikira.com
ENGINEER'S CERTIFICATION
City of Port Arthur
Water Utilities Department
449 4`~ Street
Port Arthur, Texas 77641-1089
ATTENTION: Charles Shajazi, City of Port Arthur
Reference:. Waterline Extension -Legacy Senior Housing
3225 Lake Arthur Drive
Port Arthur, Texas 77642
Gentlemen:
The proposed waterline construction has been completed for the above referenced
project and adequate inspection of these improvements was provided during
construction. The hydrostatic testing bythe contractor and the bacteriological
testing by the City has beeri successfully performed. I herby certify that to the best
of my knowledge and belief, these facilities were constructed in accordance with
the approved plans and the City of Port Arthur regulations and technical
specifications, with. modifications to the location of the water meters based on the
amended easement as prepared by Soutex Surveyors.
Name of P.E.
Corporate Of7ice: Branch 0lfice:
1420 W. Mockingbird Lane, Suite 600, Dallas, Texas 75247 3400 Highway 365, Suite 304, Purr Mhur, Texas 77642
vn: (214J 634-8844 Fcx: (214) 638-7406 Ph: (409) 729-8300 Fac: (409) 729-2307
~~-c3-o J,
®~~ ~~ V i~1~®J~ ~V~
3737 Doctors Drive Port Arthur, TX 77642
(409) 983.2004 (409) 983.2005 Fax
January 5, 2010
City of Port Arthur, Texas
444 4~' Street
Port Arthur, Texas 77640
Attn: Mr. Kelly Eldridge
Re: Water Line Construction
Legacy Sr. Housing Project
Gentlemen:
This letter is to certify that the 8" water line located within a 15'
easement at the above referenced project on Lake Arthur was constructed in
general conformance with the City of Port Arthur standards using sand
encasement and backfill. Soutex set the original points for the construction
of the water line for KRR Construction. Our Mr. Anthony Leger was on
location and observed the construction from time to time. KRR installed the
line and did not backfill it because they wanted someone to inspect their
work. Mr. Leger did look at the installation, although we were not the
Engineer of Record on the Project. The line was then properly backfilled.
as I understand the Bacteria Test passed (Bac-T Test) according to a
conversation I had with your Mr. Warren Guidry.
Respectfully s bmitted,
~~
tanle .Newsom , Jr., P.E.
F~~; S'IANLBY G,1~4150~, JR,, t,~ ,;--~:•.....:>...::-:
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EXHIBIT B
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: KRR I Construction LLC.
(Name of Contractor)
TO: City of Port Arthur Texas
(Local Public Agent)
REFERRENCE CONTRACT NO. N/A ENTERED ON
DATE _, BETWEEN THE
LEGACY SENIOR HOUSING OF PORT ARTHUR, L.P.
AND KRR I Construction. LLC. _
.(Name of Company)
OF Duncanville Texas
(CITY) (STATE)
FOR THE Leeacy Senior Housing
OF THE Leaacy Senior Housing 3225 Lake Arthur Drive N/A
(Name of Project) (Project No J
LOCATED 1N THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
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 N/A .
2. The undersigned further certifies that in addition to the amount set forth in
paragraph 1, there aze outstanding. and unsettled the following items which he
claims aze just and due and owing by the City to the Contractor;
(a) None.
(b) None.
Page 1 of 3
(e)
(d) None.
(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 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 pazagraphs 1 and 2 hereof, the undersigned
has received from Legacy Senior Housing, L.P. 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 pazagraph 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 Legacy Senior
Housing, L.P.-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 therefore. 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 pazagraphl
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 therefore, 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 2nd day of Febmary , 2009.
(SEAL)
(Contractor)
(Signature itle of Officer)
Page 2 of 3
~ r3S~td ;~~.~ ,being first duly sworn on oath, deposes .and says,
(Affiant)
first that he is the ~ rp Si C~_P i'L~ ofthe
(Title)
(Name of Company)
second, that he has read the foregoing certificate by him subscribed as
~i~-e Sf C~ i~"L-~ of the
(Title)
I~ `\Z ~ ~_OY1~fuC~m~ t_l-C-
of Company)
Affiant further states that the matters and things stated herein are true.
Subscribed and sworn to before me this 2nd day of February, 2009,
My commission expires ~ `~ ~ `} 31 ~
(Date)
~ PAMELA GRADY
Nalary Pte, Spy mTe~
"® NhCam~F.~Ye+Dac?3.TOO9
(Notary~t;,,.ti,w.~~La.
(Name
(Affiant)
~~
Page 3 of 3
EXHIBIT C
CON'TRACTOR'S CERTIFICATE OF GUARANTEE
FROM: KRR I Construction. LLC
TO: City of Port Arthur
(Local Public Agency)
FOR THE Le¢acy Senior Housing
OF T"HE LeQacy Senior Housing
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
1. KRR I Construction, 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 weaz;
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.
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 CTI'Y COUNCIL OF THE CITY OF PORT
ARTHUR.
3. This Certificate is given in connectiori of the final payment under the contract
between Le¢acy Senior Housing, of Port Arthur, L.P. and KRR I Construction,
LLC 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.
IN WITNESS WHEREOF, the undersigned has signed and sealed this
Instrument this
day of ~Cj~' , 2009.
(SEAL)
(Signs rand-Title of Officer)
~ ~ ~~ S°~ ~~ ,being First duly sworn on oath, deposes and says, first.
(Affiant)
Page 1 of 2
that he is the \ i'eS i 0 ,-~`~ of the
(Title)
KRR I Construction
(Name of Company)
second, that he has read the foregoing certificate by him subscribed as
~('e5 ~o+.~-Y l~ of the l~RR I Construction. LLC
(Title) (Name of Company)
Affiant further states that the matters and things stated herein are true.
( ant)
Subscribed and sworn to before me this ~~~ day of 2009.
My commission expires Jr' ~~
(Date)
cduL~
otary)
,,,~n: ^~g~,, KELLY DELCAMBRE
~{ ~'~ ~= Notary PuWi:, Siale ul7px5f
~;i4 My Commi~sl~~E~inS
`' JUNE 5, 2019
Page 2 of 2
CONTRACTOR'S CERTIFICATE OF GUARANTEE
(Name of Contractor/
T0: City of Port Arthur
(Local Public Agent)
FOR THE
(Name
OF THE Housing Authorityof the City of Port Arthur, Texas
(Name of Project)
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
Housing Authority of the City of Port Arthur 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.
2. This guarantee shall cover a period of three (3) years from the date of acceptance
of all work under this Contract, as evidenced by the ACCEPATANCE 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 Legacy Senior Housing of Port Arthur, L.P. and KRR Construction,
LLC 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 ofthe matter contained
in this affidavit.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument
this ~ day of ~~,~~rr~~_, 20~.
(SEAL)
~~''\
Signature a d Title of Officer)
Pono 1 of 7
~F ~~~ s~'~ac~4, ,being first duly sworn on oath, deposes and says,
(Affiant)
first, That he is the .Executive Director of the Housing Authority of the Citv of Port
Arthur (Title)
second, that he has read the foregoing certificate by him subscribed as
Executive Director of the
(Title)
(Name of
Affiant further states that the matters and things stated herein are true.
{Affiant) Subscribed and sworn to before me this ~ day of ~Ec.,.r,A~!
2009 . ~~~nunn--
~~°~ p, W ATT~•~.
My commission expires NV V . ~ ~1~ _ 4Q:•=~~
{Date)
~ _ ._
(Notary)
Dann '~ of 7
EXHIBIT D
CERTIFICATE OFACCEPTANCE
FOR
Construction of the Public Water
System to Serve Legacy Senior Housing
IN THE
CITY OF PORT ARTHUR
TO: Legacy Senior Housing
Housing Authority of the City of Port Arthur
Gentlemen:
This is to certify that the City of Port Arthur, Texas, accepts the completion of the public water and
sewer systems for the above development on the basis of the Engineer's Certificates of Completion
executed by Cazl Richazd Simpson, P.E. and Stanley G. Newsome, P.E., and the Contractor's
Certificates of Guazantee executed by KRR I Construction LLC and the Housing Authority of the
City of Port Arthur, and the Contractor's Certificate and Release, executed by Joseph Kemp,
President of KRR I Construction, LLC.
Stephen Fitzgibbons
City Manager
ATTEST:
Terri Hanks
City Secretary