The URL can be used to link to this page

Home My WebLink AboutPR 18941: ICON BUILDERS City of 0 il ,k P.R. No. 18941 % ort Tth "— 06/16/15 cs Texas INTEROFFICE MEMORANDUM UTILITY OPERATIONS DEPARTMENT- ADMINISTRATION Date: June 16, 2015 To: Brian McDougal, City Manager From: Jimmie Johnson, Ph.D., Director of Utility Operations RE: Proposed Resolution No. 18941 Nature of the Request: The Park Central Apartments development is the Port Arthur Housing Authority project. ICON Builders, LLC is the general contractor for the project. The roadway and storm sewer system was constructed to the City Standards and approved by Resolution No. 14-512. The 12" sewer at 300 LF with two concrete manholes within the HWY 365 R.O.W. and five (5) Fire Hydrants and 12" water at 1326 LF and 8" water at 1840 LF facilities are located in 10' easements along with 15'x15' meter easement as recorded. StaffAnalysis, Considerations: None. Recommendation: I recommend that the City Council approve Proposed Resolution No. 18941, which accepts the 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 water and sewer system improvements to serve the Port Arthur Housing Authority. Budget Considerations: None. . P.R. No. 18941 06/16/15 cs RESOLUTION NO. A RESOLUTION AUTHORIZING ACCEPTANCE OF ENGINEER'S CERTIFICATES OF COMPLETION, CONTRACTOR'S CERTIFICATE AND RELEASE, AND CONTRACTOR'S CERTIFICATES OF GUARANTEE FOR THE COMPLETION OF PUBLIC IMPROVEMENTS (WATER AND SEWER SYSTEM) TO SERVE ICON BUILDERS, LLC PROJECT, PORT ARTHUR HOUSING AUTHORITY'S PARK CENTRAL APARTMENTS AND AUTHORIZING THE CITY MANAGER TO SIGN THE CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE CITY OF PORT ARTHUR,TEXAS. WHEREAS, ICON Builders, LLC, in a coordinated effort with the City of Port Arthur, planned and developed a tract of land for the purpose of constructing an apartments complex; and, WHEREAS, ICON Builders, LLC and Port Arthur Housing Authority granted the roadway and designated it as an access and utility easement for the use of the City for maintenance, fire protection, police protection, emergencies and sanitary solid waste vehicles; and, WHEREAS, the City will maintain its utility easement and no other obligation to maintain on the private property side; and, WHEREAS, ICON Builders, LLC completed the construction of the public water and sewer systems throughout this development; and, WHEREAS, the City has received two Engineer's Certificates of Completion, one dated June 03, 2015 from Daniel A. Dotson, P.E., stating that to the best of their knowledge,the water and sewer systems in the project have been completed in P.R. No. 18941 06/16/15 cs Page 2 general accordance with the City Standards, copy attached hereto and made a part hereof as Exhibit "A", together with a Contractor's Certificate and Release (Exhibit "B") and Contractor's Certificates of Guarantee (Exhibit "C"), executed by Cisco Abshire, 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 execute on behalf of the City of Port Arthur a Certificate of Acceptance (Exhibit"D") for the completion of the public water and sewer infrastructures. Section 2. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. y READ, ADOPTED AND APPROVED THIS day of 2015 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: P.R. No. 18941 06/16/15 es Page 3 NOES: Deloris Prince Mayor ATTEST: APPROVED AS TO FORM: Sherri Bellard Valecia Tizeno City Secretary City Attorney APPROVED FOR ADMINISTRATION: Brian McDougal City Manager id 1, •1 fog Ji. e Johnson, Ph.D. D -ctor of Utility Operations Fittz&Shipman INC. Consulting Engineers and Land Surveyors Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) Terry G.Shipman,P.E.,Chairman Billy J.Smith,Jr.,President Donald R. King,P.E. Walter J. Ksiazek,R.P.L.S. June 3, 2015 City of Port Arthur P.O..Box 1089 Port Arthur, TX. 77641-1089 Reference: City Water Line Installation Park Central Apartments r Gentlemen, I, Daniel A. Dotson, P.E. hereby certify that the installation of the City water line, associated with Port Arthur Housing Authority's Park Central Apartments, was constructed in general conformance with the approved plans and specifications. The pressure test and bacteria testing was performed and or witnessed by City of Port Arthur Water Department Representatives. All tests passed. We request that the infrastructure be accepted by the City of Port Arthur. Should you have any questions, please call. Sincerely, ,.4:A OF F ttt Fittz &Shipman, Inc. ,1Cv>••" 'T 9�ttj, Ay., " s * 11 r• DANIEL A. DOTSON i ........___.,/' *: .. —4",:-''-"1"" 1 9s ' ' ' :33 •'F 0 By: I- lel A. Dotson, P.Eti°�F•�rc Q.••'•��'^~ For the Firm �ttis N �auxust�G/ 13?/ 5 CC: Charles Shajari, City of Port Arthur 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 CONTRACTOR'S CERTIFICATE AND RELEASE FROM: ICON BUILDERS, LLC (Name of Contractor) TO: City of Port Arthur (Local Public Agent) REFERENCE CONTRACT FOR THE PARK CENTRAL APARTMENTS PORT ARTHUR HOUSING AUTHORITY AND ICON BUILDERS,LLC, OF PORT ARTHUR,TEXAS 77642 (CITY) (STATE) (ZIP) FOR THE PUBLIC WATER SYSTEM MODIFICATIONS FOR THE CITY OF PORT ARTHUR PERFORMED FOR THE PARK CENTRAL APARTMENTS (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 Page 1 of 3 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 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 day of gal , 241co��YPUkc PAIGETUCKER , * Notary Public,State of Texas s' ✓� [j N " My Commission Expires e4k. OFic�P August 8,MAL) (Contractor) (Signature and Title of Officer) ACKNOWLEDGEMENT etto4-b hr(e, ,being first duly sworn on oath, deposes and says, (Affiant) first that he is the oz.l {-dU11 of ICON BUILDERS, LLC , second (Title) (Name of Company) second,that he has read the foregoing certificate by him subscribed as 41 Censtru Cht.bi'u of (Title) ICON BUILDERS, LLC (Name of Company) Page 2 of 3 Affiant further st).es that the matters and things stated herein are true. (Affiant) Subscribed and sworn to before me this 22 day of141 2015 . My commission expires 8— 0 — ZD)g . (Date) (Not ) Page 3 of 3 CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM: ICON BUILDERS, LLC (Name of Contractor) TO: PORT ARTUHR HOUSING AUTHORITY/CITY OF PORT ARTHUR (Local Public Agent) REFERENCE CONTRACT FOR THE PARK CENTRAL APARTMENTS PORT ARTHUR HOUSING AUTHORITY AND ICON BUILDERS, LLC, OF PORT ARTHUR, TEXAS 77642 (CITY) (STATE) (ZIP) FOR THE PUBLIC WATER SYSTEM MODIFICATIONS FOR THE CITY OF PORT ARTHUR PERFORMED FOR THE PARK CENTRAL APARTMENTS (Name of Project) LOCATED IN THE CITY OF PORT ARTHUR, TEXAS: KNOW ALL MEN BY THESE PRESENTS: 1. UsCO Abs(ltre 010t 46(4-0440m. hereby guarantee all 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 Daniel A. Dotson, P.E., of Fittz & Shipman, Inc. IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this day of [t1 , � el Ptia PAIGE TUCKER * 4,, Notary Public,State of Texas f r EV(f6„06----7,-,- ,,,t4 ,00 My Commission Expire 1 ) (Contractor) 4�iAugust 8,2018 (Signature and Title of Officer) Page 1 of 2 ACKNOWLEDGEMENT C m 0,O kb YYL t'L ,being first duly sworn on oath, deposes and says, (Affiant) first that he is the ,e 0 rust-rad-I byv of ICON BUILDERS, LLC , second (Title) (Name of Company) second,that he has read the foregoing certificate by him subscribed as ej eb R i-(WPkOrL of (Title) ICON BUILDERS, LLC (Name of Company) Affiant further states that the matters and things stated herein are true. . i ,) Affiant) Subscribed and sworn to before me this 0., day of Kul 20 15. My commission expires g— g 2 O I S . (Date) °1.. MINI ' of/i y) Page 2 of 2 CERTIFICATE OF ACCEPTANCE FOR WATER AND SEWER SYSTEM TO SERVE THE PORT ARTHUR HOUSING AUTHORITY'S PARK CENTRAL APARTMENTS IN THE CITY OF PORT ARTHUR TO: ICON Builders, LLC Date: Gentlemen: This is to certify that the City of Port Arthur, Texas, accepts the completion of the water and sewer utilities to serve the Port Arthur Housing Authority's Park Central Apartments on the basis of the Engineer's Certificate of Completion by Daniel A. Dotson, P.E., of Fittz & Shipman, Inc. Consulting Engineers and Land Surveyors, the Contractor's Certificate of Guarantee, and the Contractor's Certificate and Release, executed by Cisco Abshire, Vice President of ICON Builders, LLC. Brian McDougal City Manager ATTEST: Sherri Bellard City Secretary