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HomeMy WebLinkAboutPR 22523: ROSEHILL MANOR RENOVATONS, CONTRACT WITH N & T CONSTRUCTION Memorandum City of Port Arthur, Texas Robert A. "Bob"Bowers Civic Center To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Adam J Saunders, Civic Center Dir RE: Proposed Resolution No. 22523 At Rosehill Manor, much repair and maintenance are needed. Some repairs to the building have been completed and designated as Phase I and II. Additional work is needed. The City Council approved Resolution No. 21-374 in September of 2021 for Phase III repairs from damages caused by Hurricane Laura and Delta. The City Council approved Resolution Number 21-306 in August of 2021 for architectural plans, drawings and paperwork needed for approval from the Texas Historical Commission and oversight of correct restoration and repairs. Phase III work is complete and the retainage of$9000.00 has been requested by N & T Construction of Beaumont, Texas who have submitted close out documents for this request. ANALYSIS/CONSIDERATION: There are a lot of needed repairs at the building. The repairs to damages from Hurricanes Laura and Delta was designated as Phase M. The contractor, N & T Construction of Beaumont, Texas, has submitted close out documents for the release of retainage for Phase III repairs and renovations to Rosehill Manor in the amount of$9000.00. RECOMMENDATION A resolution authorizing the city manager to accept close out documents submitted by N&T Construction of Beaumont, Texas and approve the release of retainage in the amount of$ 9,000.00 for Phase III repairs and renovations to Rosehill Manor.Funding is available in Hurricane Account #LAUR15-GRE-BUM AND#DLTA15-GRE-BUM. BUDGETARY AND FISCAL EFFECT Funds are available in hurricane account#LAUR15-GRE-BUM and#DLTA15-GRE-BUM STAFFING EFFECT None P.R. No. 22523 10/11/22 AJS PAGE 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT CLOSE OUT DOCUMENTS SUBMITTED BY N & T CONSTRUCTION OF BEAUMONT, TEXAS AND APPROVE THE RELEASE OF RETAINAGE IN THE AMOUNT OF $ 9,000.00 FOR PHASE III REPAIRS AND RENOVATIONS TO ROSEHILL MANOR. FUNDING IS AVAILABLE IN HURRICANE ACCOUNT #LAUR15-GRE-BUM AND #DLTA15- GRE-BUM. WHEREAS, pursuant to Resolution No. 21-306, the City of Port Arthur City Council awarded a contract to LaBiche Architectural Group for architectural plans, drawings and paperwork needed for approval from the Texas Historical Commission and oversight of correct restoration and repairs for Phase III repairs and restoration of Rosehill Manor;and, WHEREAS, pursuant to Resolution No. 21-374, the City of Port Arthur City Council awarded a contract for Phase III repairs to Rosehill Manor to N & T Construction of Beaumont, Texas for the amount of$180,000.00; and, WHEREAS, N & T Construction of Beaumont, Texas has submitted the Certificate of Substantial Completion dated July 6, 2022 and the work to which the Certificate applies has been inspected, authorized, and declared to be complete in accordance with the contract documents and made a part hereof as Exhibit "A"; together with the Contractor' s Certificate and Release (Exhibit "B"), the Contractor' s Certificate of Warranty ( Exhibit "C"), and Contractor's Certificate of Debts Paid(Exhibit"D"); and, WHEREAS, the retainage for the project is 5% of the work completed and billed, the Release of Retainage has been submitted by N & T Construction of Beaumont, Texas, for the amount of 9,000.00 (Exhibit"E"); and, WHEREAS, N & T Construction of Beaumont, Texas, has completed the contracted project to the satisfaction of the Civic Center staff and LaBiche Architectural Group, see Exhibit "F"; and WHEREAS, approval of the acceptance of the Close Out Documents, and Release of Retainage is herein deemed an appropriate action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: P.R. No.22523 10/11/22 AJS PAGE 2 of 3 THAT,the facts and opinions in the preamble are true and correct. THAT, the City Council hereby authorizes the City Manager to hereby accept the Certificate of Substantial Completion dated July 6, 2022 (Exhibit "A"), together with the Contractor' s Certificate and Release (Exhibit"B"),the Contractor' s Certificate of Warranty (Exhibit "C"), Contractor's Certificate of Debts Paid (Exhibit "D") and Certificate of Completion(Exhibit"F"); THAT, the Release of Retainage be paid to N & T Construction of Beaumont, Texas, in the amount of$9,000.00 (Exhibit"E"); and, 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"G") for the completion of Phase III repairs to Rosehill Manor; and, 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 October 2022 AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following Vote: AYES: Mayor: , Councilmembers: , NOES: . Thurman Bill Bartie,Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: d2 lecia Tize o,City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton,City Manager APPROVED AS TO FUND AVAIL ITY: + z i Kand Daniel, Ihterim Director of F. ance Clifton Williams, CPPB PurchasingManager y g EXHIBIT "A" CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: Rose Hill Manor— Phase III PROJECT NO: 20043 ARCHITECT: The LaBiche Architectural Group, Inc. OWNER: City of Port Arthur CONTRACTOR: N&T Construction 3401 Culture Ctr. Dr. Port Arthur, Texas 77642 CONTRACT FOR: Renovations DATE OF ISSUANCE: July 5, 2022 CONTRACT DATE: February 10, 2021 PROJECT OR DESIGNATED PORTION SHALL INCLUDE: ALL WORK The Work performed under this Contract has been reviewed and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as (Date of Punch List) which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect when construction is sufficiently complete, in accordance with the Contract Documents, so the Owner can occupy or utilize the Work or designated portion thereof for the use for which it is intended, as expressed in the Contract Documents. A list of items to be completed or corrected, prepared by the Contractor and verified and amended by the Architect is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete - � Laecti all Work in accordance with the Contract Docu s. The date of commencement ��o� f cc of warranties for items on the attached list will h of final payment unless w .o m`lyo tf; otherwise agreed to in writing. cc t ; • co The LaBiche Architectural Group, Inc. :270/0/2Z_ '' ��, 11592ARCHITECT YATE _ O F The Contractor will complete or correct the Work on the list of items attached hereto within fifteen (15) days from the Date of Substantial Completion. r N&T Construction, Inc. �/ 7 tp\e2.2.CONTRACTOR .-'$Y D TE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at 8:00 a.m. on July 6, 2022. City of Port Arthur OWNER BY DATE The responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work and insurance shall be as follows: Owner will assume responsibility for maintenance, security, and damage to the Work on the Date of Substantial Completion except for damage done by Contractor or Subcontractors during final completion. Owner assumes responsibility for insurance of the Project on July 6, 2022. The Contractor will submit to the Owner the executed warranties, maintenance agreements, inspection certificates, record documentation, maintenance manuals, tools, spare parts, keys and similar operational items by August 6, 2022. EXHIBIT "B" CONTRACTOR'S CERTIFICATE AND RELEASE FROM: T lA 'IS iAckt,cm �t - (Name of Contractor) TO: CA O'c © AA-6W1/# (Owner) REFERENCE CONTRACT NO.: 7/00477 CONTRACT ENTERED INTO THE '77 DAY OF Attl U 'ZO"Z BETWEEN THE CITY OF PORT ARTHUR AND 1\1 T C-0'J �'t C." J C WC. OF QUI Wv�t1��1 ,eNca FOR THE PROJECT A — k `/C- �7 -v'tt;s7 `'- 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 approve Change Orders and modification the balance of $ c1 ©uo`u • 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. 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 work required under Change Order(s)numbered '0 ", 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 changes 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 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 any reason the Owner does not pay the full 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 an 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 paid contract modification thereof,and will execute such further releases or assurances of the Owner and Operator may request. 1 1N WITNESS WHEREOF,the undersigned has signed and sealed this instrument this 11 day of Oc\dbe'l , 2022. 1� -. 4(k,,c-ktkw4 C,/, u-Lc- {SEAL) (Contractor) BY: (.Si tun fit,' _ .\c-b k Nt lcck--Aec-, e_vsk- (Printed Name/Title of Officer) Nl <,. 0-0011Ck , being first duly sworn on oath, deposes and says, First,that,he/she is the (Affiant) Nic- C lc v\k of ►v kl-Co%-i kAC..'tLO CA, l t4C• (Title) (Name of Company) Second,that he/she has read the foregoing certificate by him/her subscribed as NJ ice_ ,kciev `C (Title) of tA k k C.vws G .6, ve c, (Name of Company) Affiant further states that the matters and things stated herein are true. Ni , ‹o.-bbi CA (Affiant) 61 wbefore me this dayof 2022. Subscribed ands sworn to ' OC.10 , My commission expires / - / V 3 Of11I\AJ pizc„- qedLict ,. 1 CAitm ,� PATP., RICIA ELAINE JABBIA NOTARY �E Notary ID#126080088 4 -�4My Commission Expires I eo; April 17, 2023 1 2 1 1 EXHIBIT "C" CONTRACTOR WARRANTY STATE OF Texas COUNTY OF Jefferson KNOW BY ALL MEN BY THESE PRESENTS: Vince Jabbia being first duly sworn deposes and says: 1. That he is the Contractor who supplied, installed, and/or erected the work described below, and the he / she is duly authorized to make this Affidavit and Contractor Warranty: PROJECT: Rose Hill Phase III OWNER: City of Port Arthur ARCHITECT: LaBiche Architectural Group WORK PERFORMED: General Contractor 2. The undersigned Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract are of good quality and new except where otherwise required or permitted by the Contract Documents, that the Work is free from defects not inherent in the quality required or permitted, and that the Work conforms with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved or authorized, may be considered defective. The Contractor's Warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Subcontractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. 3. In the event of failure of materials, products, or workmanship, during the specified warranty periods, the Subcontractor shall take appropriate measures to assure correction or replacement of the defective items, whether notified by the Contractor, Owner or Architect. 4. The contractor warrants the work performed for a period of 12 months from the date of Substantial Completion, except as follows: N&T Construction Co, Inc. Contractor (:)1-4/71. By STATE OF Texas COUNTY OF Jefferson Sworn to and subscribed before me on this 15 day of October 2022. (Seal) PATRICIA ELAINE JABBIA • (.�/� Notary ID 11126080088 Notary Pub!' Signature My Commission Expires April 17, 2023 EXHIBIT "D" CONTRACTOR'S CERTIFICATE OF DEBTS PAID PROJECT: ZC Ai 1 VYCc 1=A_vruo.P SlihlCA140 1 LOCATION: Port Arthur,Texas OWNER: City of Port Arthur STATE OF TEXAS; COUNTY OF JEFFERSON; The undersigned hereby certifies that, except as listed below, payment has been made in full and all obligations have otherwise been satisfied for all materials and equipment furnished for all work, labor, and services preformed and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner's property might in a way be held responsible or encumbered. Exceptions: Contractor: 4 .6V CO Col , Texas Signature: v ~ J Printed Name: (---. 1 fI vAcc, .‘0.-9 Date: V3\VA2.. L- Subscribed and sworn to before me this 17 day of 0- �1° /1(A-- , 2022 My commission expires: I 1 i X( )-3 pAki p ,,,,,.th 0 NOTARY 3 / 4 ;,--,,\—,� PATRICIA ELAINE JABBIA 4 %!fir jl'I Notary lD M1 26080088 I J My Commission Expires ` 7Te c April 17, 2023 EXHIBIT "E" The LaBiche , 1 ARCHITECTURAL GROUP, INC. Dohn H.LaBiche,FAIA September 19, 2022 Principal Greg Wall,AIA Principal City of Port Arthur 7999 Gladys,Suite 101 Adam Saunders Beaumont,Texas 77706 3401 Culture Ctr. Dr. (409)09 197 860- Port Arthur, Texas 77642 Fax: 860-0198 www.labiche.com RE: Historic Rehabilitation of Rose Hill —Phase III ARCHITECTURE Dear Mr. Saunders, Enclosed herewith is the Contractor's Application and Certificate for CONSULTING OJECT CO Payment No. 5, retainage in the amount of$9,000.00. This application has been reviewed, and is recommended for payment. PLANNING Sincerely, INTERIOR DESIGN ---_ Dohn H. LaBiche, FAIA ,m`1' DHUbo w _� 11-1;;c�, � * \ t. - + ` * N, _ \f , .>;';';1, 11592 = - Enclosure CC: N&T Construction Project#: 20043 a� N maw ,0 x 1+1 AWN E,1 Z ry O Q N f� U v W I ce 47 u p i o W �o — a Z > c d Q x E- :v 6 11rr++ , a m 63 aG O a C v 1 y�„ ,•y . —a •c $ ''a te o O Q U v r D a�i c '�� ' ~ o U e ,° 0,0 a o Z v u �it P �, h x x x ; a d r.= 9- �+ _,i• W g ani c e O, �t ❑ 3 Y y E O g a c d c VI c '-. r d 01 a v c 3 f� �� v �- ' o v �y E m o 0 cl o° c G Fes- 6,i Q y c o " lull F ID. s c (\ H . re .0 u '1.$ `to-\O •y 3 W A ` . 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H5. o, X Y . — G_ V 4- lz m a Q �' 0 - E. w W LL ( u x ie l�C -is 0 0 U0 Y ' _ - — O Q oO0 ooDo o L] W E22za yAm b ^� H Q o a a 3 3 d : > 3 3 C. a c . E p • Z jp 0 d U 6_) eEJ �„1 N U N Z N '.. 0 N ° 2 U > cEj Z Z O 0000 3 � � ZZ F ZZZ a: a. a c) cc c, F. ¢ d ° E el VD N 0) d Z .0 o m a o 0 0 o C.)O c e, N �'"� 7 'n .D f� 00 O. CD M et �n .D (� W U O ^ N M 7 'n .D h d c D o Q m 'U [� O ^ N N N N N Cl N N V d Q a m [. Z �� CITY OF PORT ARTHUR, TEXAS RETAINAGE FORM Date:8/6/2019 Department/Division: Civ Ctr Vendor # 8099 Purchase Order Number PAYEE NAME & ADDRESS N&T Construction Resolution Number 21-374 Retainage Amount: $9,000.00 Account number: 156-00-000-1420-00-00-000 Account number: 157-00-000-1420-00-00-000 Description/Explanation Equally split between two accounts, $4500 from each. RETAINAGE FOR ROSEHILL MANOR PHASE III MULTI-ACCOUNT DISTRIBUTION Amount Account Number V Amount ksW APPROVED BY: Supervisor Department Director rklast S444ce0t Finance Director EXHIBIT "F" f j) C irt' 41 ort rtltrt�_ 7i°f u\ www.PortArthurTx.gov CERTIFICATE OF COMPLETION Date: 10/14/22 Project: Phase III repairs and renovations to Rosehill Manor; Release of Retainage. To: All Concerned I HEREBY CERTIFY THAT this project was completed on July 6, 2022 and that the work was under periodic inspection during construction by LaBiche Architectural Group and myself and City Inspectors. That to the best of my knowledge, the project was constructed substantially in accordance with the plans and specifications. Submitted by: Adam J unde Civic enter Director 3401 Cultural Center Drive—Port Arthur,TX 77642—409-985-8801 EXHIBIT "G" CITY OF PORT ARTHUR, TEXAS CIVIC CENTER DEPARTMENT CERTIFICATE OF ACCEPTANCE FOR... Rosehill Manor Phase III To: N&T Construction, Inc This document is to certify that the City of Port Arthur, Texas accepts the completion of the Phase III repairs and renovations to Rosehill Manor, on the basis of the recommendation of the City of Port Arthur's Civic Center Department and receipt of the Certificate of Completion, Contractor's Affidavit of All Debts Paid, Contractor's Certificate of Release, Contractor's Certificate of Warranty executed by N&T Construction, Inc of Beaumont, Texas. Ron Burton City Manager Sherri Bellard City Secretary