HomeMy WebLinkAboutPR 18606: STREET AND DRAINAGE SYSTEM IMPROVEMENTS MEMORANDUM
CITY OF PORT ARTHUR
PUBLIC WORKS - ENGINEERING DIVISION
TO: John A. Comeaux, P.E., Interim City Manager
FROM: Susan J. Polka, P.E., Director of Public Works/City Engineer
DATE: October 6, 2014
RE: Proposed Resolution No. 18606
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 18606
accepting the street and drainage system improvements on Park Central
Boulevard from Highway 365 southward approximately 1,873 feet, and
authorizing the City Manager to sign the Certificate of Acceptance on behalf of
the City of Port Arthur, Texas.
BACKGROUND
ICON Builders, LLC, began construction on Park Central Boulevard in early 2014
in conjunction with the Park Central Apartments project. Work is now complete
on the street and drainage system improvements and they are ready for
acceptance by the City. Completion of other public improvements will follow and
will be accepted when they are complete. ICON Builders, LLC, has submitted all
required paperwork for acceptance of the street and drainage improvements,
including a Performance Bond to ensure completion of the remaining public
improvements. Acceptance of the street and drainage system improvements will
allow ICON Builders, LLC, to proceed with construction of the apartment units,
but will not permit the issuance of Certificates of Occupancy until all public
improvements are completed. Water taps cannot be issued until the water line is
bored across Highway 365, tested, disinfected and accepted by the City.
BUDGET/FISCAL EFFECT
The street and drainage systems improvements will add additional infrastructure
to be maintained by City forces.
SUMMARY
I recommend that the City Council approve Proposed Resolution No. 18606
which is outlined above.
P.R. No. 18606
10/22/14 sjp
RESOLUTION NO.
A RESOLUTION ACCEPTING THE STREET AND DRAINAGE
SYSTEM IMPROVEMENTS ON PARK CENTRAL BOULEVARD
FROM HIGHWAY 365 SOUTHWARD APPROXIMATELY 1,873
FEET, AND AUTHORIZING THE CITY MANAGER TO SIGN THE
CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE CITY OF
PORT ARTHUR, TEXAS.
WHEREAS, ICON Builders, LLC, has constructed the street and drainage
system improvements for Park Central Boulevard from Highway 365 southward
approximately 1,873 feet, and is currently in the process of building the Park Central
Apartments adjacent to said street; and,
WHEREAS, work on the apartment complex, installation of street lights by
Entergy, and other factors impedes the completion of the water line, sidewalks, and
dress-up/sod placement/hydro-mulching within the public right-of-way at this time;
and,
WHEREAS, representatives of the Public Works Department have inspected
the completed street and drainage system improvements; and,
WHEREAS, the City has received for the Park Central Boulevard street and
drainage system improvements an Engineer's Certificate of Completion, dated October
20, 2014 from Fittz & Shipman, Inc., (attached as Exhibit "A"), a Contractor's
Certificate and Release, dated October 21, 2014 from ICON Builders, LLC, (attached
as Exhibit `B"), a Contractor's Certificate of Guarantee, dated October 21, 2014 from
ICON Builders, LLC, (attached as Exhibit "C"), certifying that the street and drainage
system improvements have been completed; and,
WHEREAS, ICON Builders, LLC, has provided to the City a Performance
Bond in the amount of $150,000.00 (attached as Exhibit "D"), should ICON
P.R. No. 18606
10/22/14 sjp
Page 2 of 3
Builders, LLC, fail to follow through on construction of the remainder of the water
line within the street right-of-way, the construction of the sidewalks within and
adjacent to the street right-of-way, and the dress-up/sod placement/hydro-mulching
behind the backs of curbs of the street once the other work items affecting such work
are completed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PORT ARTHUR, TEXAS:
THAT, the facts and opinions in the preamble are true and correct.
THAT, the City Manager is hereby authorized to execute on behalf of the City
of Port Arthur, a Certificate of Acceptance to ICON Builders, LLC, for the street and
drainage system improvements constructed within the right-of-way of Park Central
Boulevard(attached as Exhibit"E").
THAT, the Code Enforcement Department is authorized to issue building
permits with addresses on Park Central Boulevard, immediately after passage of this
Resolution, for construction of the Park Central Apartments units; and,
THAT, the Code Enforcement Department is not authorized to issue
Certificates of Occupancy for the Park Central Apartments units until the water line
work, sidewalks and dress-up/sod placement/hydro-mulching are completed and
accepted by the City by separate Resolution(s).
THAT, the Utilities Operations Department is not authorized to issue and
address water taps on Park Central Boulevard until the water line is completed, tested
disinfected and accepted by the City by separate Resolution.
THAT, a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
P.R. No. 18606
10/22/14 sjp
Page 3 of 3
READ, ADOPTED AND APPROVED, this the day of
A.D. 2014 at a meeting of the City Council of the City of Port
Arthur, Texas by the following vote:
Ayes: Mayor
Councilmembers:
NOES:
Mayor
ATTEST: APPROVED A TO FORM:
Sherri Bellard, City Secretary Val Tizeno, ! Attorney
APPROVED FOR ADMINISTRATION:
John A. Comeaux, P.E. Susan J. Polka, P.E.
Interim City Manager Director of Public Works/City Engineer
Lawrence Baker
Director of Code Enforcement
John Tomplait
Assistant Director of Utility Operations
EXHIBIT "A"
P.R. No. 18606,
ENGINEER'S CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT: Park Central Boulevard
DATE OF ISSUANCE: October 20,2014
OWNER: Port Arthur Housing Initiative 1,LP
OWNER'S Project No.: 13043
CONTRACTOR:Icon Builders,LLC 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: Port Arthur Housing Initiative I,LP
OWNER
And To: Icon Builders,LLC
CONTRACTOR
The Work to which this Certificate applies has been inspected by authorized representatives of OWNER,
CONTRACTOR and ENGINEER,and that Work is hereby declared to be substantially complete in
accordance with the Contract Documents to the best of my knowledge with the exception of sidewalks,the
waterline connection and street lighting. The Contractor,Icon Builders,LLC,has issued letters of
Certification to install the sidewalks,waterline connection and street lighting at a later date.
October 20,2014
DA'1E 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: October 20,2014
ou1'ttt
Fittz&Shipman,Inc.
..,..TF9Zt??
ENGINEER #z" * .•iP t 1
PI*; .l *rll
By:
;410111 • r ► NIEL A DOTSON_••.O
Daniel A.Dots. ,P.E. '�.o 109833
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EXHIBIT "B"
P.R. No. 18606
Contractor's Certificate and Release
From: Icon Builders,LLC
To: City of Port Arthur
For the Park Central Boulevard
(Name of Project)
KNOW ALL MEN BY THESE PRESENTS:
1 The undersigned hereby certifies that there is due from, and payable by, the Owner to the
Contractor under the contract and duly approved Change Orders and modifications the balance of
N/A ($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
Owner to the Contractor:
(a ) None
(b) None
(c) None
(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 Order(s) numbered , 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 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 Owner all sums of money payable to the undersigned under, or pursuant to, the above
mentioned contract or any modifications or change thereof.
5 That in consideration of the payment of the amount stated in Paragraph 1 hereof, the undersigned
does hereby release the Owner and Operator from any and all claims arising under or by virtue of
this contract, except the amount listed in Paragraph 2 hereof due from the Owner; provided,
however,that if for any reason the Owner 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 the 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 Owner and Operator 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 Owner and Operator may request.
•
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this 1 day
of 060ber , 20 14. .
[SEAL]
Icon Builders, LLC
i ��1PAip04 CHERYL ZETO (Contractor)
f `, Notary Public,State of Texas
My Commission Expires
N�9 'OF S' P� February 27,2018 /!G�
(Vice President,Construction)
Cisco Abshire , being first duly sworn on oath, deposes and says, first, that
he is the Vice President, Construction of Icon Builders, LLC
(Title (Contractor)
second, that he has read the foregoing certificate by him subscribed as Vice President, Construction
(Title)
of Icon Builders, LLC
(Contractor)
Affiant further states that the matters and things stated herein are true.
•-rf.,-------.4*- __.)
(Vice President,Construction)
Subscribed and sworn to before me this 0.1 day of 0 c;1-1)bt_r
20iLle .
My commission expires a- 7-I 8-
(Date)
t ,� G� CHERYL ZETO a 0)1n1A-1-6/f,�S c $(---11-9-
, Notary Public,State of TeYv�
5 My Commission Expirel'oury Public)
q�0f,0,P Eebrug 27 2018.
EXHIBIT "C"
P.R. No. 18606
Contractor's Certificate of Guarantee
From: Icon Builders,LLC
To: City of Port Arthur
•
For the Park Central Boulevard
(Contract labor description)
KNOW ALL MEN BY THESE PRESENTS:
1. Icon Builders, LLC does hereby guarantee all of the work done under the above referenced
contract to be free from faulty materials in ever particular, and free from improper workman-
ship and against injury from proper and unusual wear; and agrees to replace or re-execute
without cost to the Owner and Operator 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.
3. This guarantee shall cover a period of two (2)years from the date of acceptance of the
Park Central Boulevard, drainage, city sidewalks, waterline, and street lighting under this
contract, as evidence by the Engineer's Certificate of Completion.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this ° t day
of Dc Oberr- , 20 tLI'.
[SEAL]
Icon Builders, LLC
��pPY 1118,0 CHERYL ZETO (Contractor)
, Notary Public,State of Texas
My Commission Expires
°F1*•*P� February 27,2018
:coeema-•^- (Vice President,Construction)
Cisco Abshire , being first duly sworn on oath, deposes and says, first, that
r
he is the Vice President, Construction of Icon Builders, LLC
(Title (Contractor)
second, that he has read the foregoing certificate by him subscribed as Vice President, Construction
(Title)
of Icon Builders, LLC
(Contractor)
Affiant further states that the matters and things stated herein are true.
�n-
/74(-
(Vice President,Construction)
Subscribed and sworn to before me this a\ day of DC. Ob r
20 14 .
My commission expires a-a7 1
(Date)
CHERYL ZETO
war
2 To glary Public) in
!�1 R Notary Public,State of Tex(
N9�oFit,*P5 My Commission Expires
February 27,2018
EXHIBIT "D"
P.R. No. 18606
STATUTORY PAYMENT BOND PURSUANT TO CHAPTER 2253
OF THE TEXAS GOVERNMENT CODE
(McGREGOR ACT-PUBLIC WORKS)
BOND NO.CA 6106431
KNOW ALL MEN BY THESE PRESENTS:
That, Icon Builders, LLC (hereinafter called the Principal), as Principal, and Great American Insurance Company, a
corporation organized and existing under the laws of the State of Ohio, (hereinafter called the Surety), as Surety, are held and
firmly bound unto City of Port Arthur (hereinafter called the Obligee) in the amount of One Hundred Fifty and No/100
Dollars ($150,000.00), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors,successors and assigns,jointly and severally,firmly by these presents.
WHEREAS,the Principal has entered into a certain written contract with the Obligee for Water Line,Sidewalks,and
Dress-up/Sodding/Hydro-mulching within Public right-of-way for Improvements on Park Central Boulevard which
contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all
claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract,
then,this obligation shall be void;otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas
Government Code, and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions of
said Chapter to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 20`h day of
October,2014.
Witness:
(Seal)
(If Individual or Firm)
(Seal)
Attest:
(Seal)
(If Corporation) (Seal)
Icon Builders,LLC
By: w (Seal)
Principal
Great!,American Insurance Company
By: t/`"`."% (Seal)
Lori Ellis
Attorney-In-Fact
GREAT AMERICAN INSURANCE COMPANY@
Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 •
The number of persons authorized by
this power of attorney is not more than SIX
No.0 14833
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under
and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than
one is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds,
undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
DAVID R.GROPPELL LORI ELLIS ALL OF ALL
SHAREN R.GROPPELL BEVERLY A. IRELAND SPRING,
$100,000,000.00
ROXANNE G. HEBERT MARY RIFAAT TEXAS
This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 19TH day of MARCH 2014 .
Attest GREAT AMERICAN INSURANCE COMPANY
4(.. e 3 e x4,4
•
Assistant Secretary Divisional Senior Vice President
STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.KITCHIN(877-377-2405)
On this 19TH day of MARCH 2014 , before me personally appeared DAVID C. KITCHIN,to me
known,being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great
American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal
affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his
name thereto by like authority.
; =
Nobly Mc,Stsfaafaib C
a-AS-
My Conlmthtm Ekes 06194015
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9,2008.
RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisonal Assistant Vice
Presidents,or any one of them,be and hereby is authorized„from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company,
as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof to prescribe their respective duties and
the respective limits of their authority;and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking, contract of suretyship,
or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power ofAttomey and
the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect.
Signed and sealed this 20th day of October , 2014 .
•
C, 3
4.......
Assistant Secretary
S1029AD(12/13)
Great American Insurance Company of New York
GREATjpC Great American Alliance Insurance Company
INSURANCE GROUP Great American Insurance Company
IMPORTANT NOTICE:
To obtain information or make a complaint:
You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance at:
P.O. Box 149104
Austin, TX 78714-9104
FAX: 1-512-475-1771
Your notice of claim against the attached bond may be given to the surety company that
issued the bond by sending it by certified or registered mail to the following address:
Mailing Address: Great American Insurance Company
P.O.Box 2119
Cincinnati, Ohio 45202
Physical Address: Great American Insurance Company
301 E. Fourth Street
Cincinnati, Ohio 45202
You may also contact the Great American Insurance Company Claim office by:
Fax: 1-888-290-3706
Telephone: 1-513-369-5091
Email: bondclaims @gaic.com
PREMIUM OR CLAIM DISPUTES:
If you have a dispute concerning a premium,you should contact the agent first. If you
have a dispute concerning a claim, you should contact the company first. If the dispute is
not resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR BOND:
This notice is for information only and does not become a part or condition of the attached
document.
F.9667A(3/11)
EXHIBIT "E"
P.R. No. 18606
CERTIFI.CATE OF ACCEPTANCE
FOR
COMPLETION OF STREET AND DRAINAGE SYSTEM
IMPROVEMENTS FOR PARK CENTRAL BOULEVARD
IN THE CITY OF PORT ARTHUR, TEXAS
TO: ICON Builders, LLC
This is to certify that the City of Port Arthur, Texas, accepts the completion
of the street and drainage system improvements for Park Central Boulevard
on the basis of the Engineer's Certificate of Completion from Fittz &
Shipman, Inc., the Contractor's Certificate and Release and Contractor's
Certificate of Guarantee from ICON Builders, LLC., and the Performance
Bond provided to the City by ICON Builders, LLC.
John A. Comeaux, P.E.
Interim City Manager
ATTEST:
Sherri Bellard, City Secretary