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HomeMy WebLinkAboutPR 22935: THE DEPARTMENT CLUB, REPAIR AND RENOVATION 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. 22935 The Department Club, also referred to as the Federated Women's Club, at 1924 Lakeshore Drive has been in need of repair and maintenance. In March 2019 the Council passed Res 19-108 and in December 2019 the Council passed Res 19-560. These two Resolutions were Phase I of the repairs and maintenance. In May of 2020 the Council passed Res 20-191. This resolution was Phase II of the repairs and maintenance. The final stage of this effort was Phase III. The City Council approved Resolution No. 21- 459 in November of 2021 for Phase III repairs. Phase III work is complete and the retainage of $14,575.21 has been requested by McInnis Construction, Inc. of Silsbee, Texas who have submitted close out documents for this request. ANALYSIS/CONSIDERATION: There were a lot of needed repairs at the building. The final phase of repairs was designated as Phase III. The contractor, McInnis Construction, Inc. of Silsbee, Texas, has submitted close out documents for the release of retainage for Phase III repairs and renovations to Department Club in the amount of $14,575.21. RECOMMENDATION A Resolution authorizing the City Manager to accept the contractor's affidavit of release of liens, contractor's certificate and release, contractor's affidavit of payment of debts and claim, contractor's certificate of debts paid, contractor's certificate of warranty, certificate of substantial completion and authorizing the City Manager to sign the certificate of acceptance and approval of final payment of retainage in the amount of $14,757.21 to McInnis Construction, Inc. Of Silsbee, Texas for the repair and renovation of the department club. Funding available in account number 307-21-049-8512-00-10-00;project no. Bu0011 BUDGETARY AND FISCAL EFFECT Funds are available in hurricane account#307-21-049-8512-00-10-000. STAFFING EFFECT None P.R. No.22935 12/1/22 AJS PAGE 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE ENGINEER'S CERTIFICATE OF SUBSTANTIAL COMPLETION, CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS, CONTRACTOR'S CERTIFICATE AND RELEASE, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIM, CONTRACTOR'S CERTIFICATE OF DEBTS PAID, CONTRACTOR'S CERTIFICATE OF WARRANTY,AND AUTHORIZING THE CITY MANAGER TO SIGN THE CERTIFICATE OF ACCEPTANCE AND APPROVAL OF FINAL PAYMENT OF RETAINAGE IN THE AMOUNT OF $14,757.21 TO MCINNIS CONSTRUCTION, INC. OF SILSBEE, TEXAS FOR THE PHASE III REPAIR AND RENOVATION OF THE DEPARTMENT CLUB. FUNDING AVAILABLE IN ACCOUNT NUMBER 307-21-049-8512-00-10-00; PROJECT NO.BU0011 WHEREAS, pursuant to Resolution No. 19-108 and 19-560, the City of Port Arthur City Council approved Phase I for architectural services and abatement for renovations and repairs of the Department Club; and, WHEREAS, pursuant to Resolution No. 20-191 the City of Port Arthur City Council approved Phase II for renovations and repairs of the Department Club; and, WHEREAS, pursuant to Resolution No. 21-459, the City of Port Arthur City Council awarded a contract for Phase III repairs to Department Club to McInnis Construction, Inc. of Silsbee, Texas for the amount of$258,500.00; and, WHEREAS, pursuant to Resolutions No. 22-141 and 22-197, the City of Port Arthur City Council executed Change Orders No. 01 and 02 to contract for Phase III repairs to Department Club to McInnis Construction, Inc. of Silsbee, Texas increasing the total amount of the contract to 295,144.18; and, WHEREAS, The LaBiche Architectural Group, Inc. has submitted the Certificate of Substantial Completion dated November 1, 2022 certifying that 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; WHEREAS, McInnis Construction has submitted the Contractor's Affidavit of Release of Liens (Exhibit B), Contractor's Certificate and Release (Exhibit C), Contractor's Affidavit of Payment of Debts And Claim (Exhibit D),.Contractor's Certificate Of Debts Paid (Exhibit E), and Contractor's Certificate Of Warranty (Exhibit F), certifying the completion of the project; and, WHEREAS, the retainage for the project is 5% of the work completed and billed, the Release of Retainage has been submitted by McInnis Construction, Inc. of Silsbee, Texas, for the amount of$14,575.21, see Exhibit G; and, P.R. No. 22935 12/1/22 AJS PAGE 2 of 3 WHEREAS, McInnis Construction, Inc. of Silsbee, Texas, has completed the contracted project to the satisfaction of the Civic Center staff and LaBiche Architectural Group and the approval of the acceptance of the Close Out Documents, and Release of Retainage is herein deemed an appropriate action; now,therefore, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions in the preamble are true and correct. THAT, City Manager to Accept the Engineer's Certificate Of Substantial Completion, Contractor's Affidavit Of Release Of Liens, Contractor's Certificate And Release, Contractor's Affidavit Of Payment Of Debts And Claim, Contractor's Certificate Of Debts Paid, Contractor's Certificate Of Warranty, And Authorizing The City Manager To Sign The Certificate Of Acceptance And Approval Of Final Payment Of Retainage In The Amount Of $14,757.21 to Mcinnis Construction, Inc. of Silsbee, Texas for the Phase III Repair and Renovation of the Department Club. 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 H) for the completion of Phase III repairs to Department Club; and, THAT, the Release of Retainage in the amount of $14,575.21 is approved and paid to McInnis Construction, Inc. of Silsbee, Texas; 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 December 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: h-Cit alecia Tiz no, City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager APPROVED AS TO FUND AVAILABILITY: e Kandy Daniel, In rim Director of Finance Clifton illiams, CPPB, Purchasing Manager EXHIBIT "A" CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: Federated Womans Club— Phase III PROJECT NO: 20037 ARCHITECT: The LaBiche Architectural Group, Inc OWNER: City of Port Arthur CONTRACTOR: McInnis Construction 3401 Culture Ctr Dr Port Arthur, Texas 77642 CONTRACT FOR: Renovations DATE OF ISSUANCE: November 1, 2022 CONTRACT DATE: October 21, 2020 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 PEA__Aq any items on such list does not alter the responsibility of the Contractor to complete H. Ca ti all Work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will e• h dat of final payment unless •w o 1:. r, otherwise agreed to in writing. cc / 11592 The LaBiche Architectural Group, Inc. Z Z • 71 +P ARCHITECT D T F OF The Contractor will complete or correct the Work on the list of items attached hereto within fifteen (15) days from the Date of Substantial Comp ion. McInnis Construction ' I /l I CONTRACTOR BY DATE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at 8:00 a.m. on November 2, 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 November 2, 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 December 2, 2022. EXHIBIT "B" TML?AJADocument G706A - 1994 Contractor's Affidavit of Release of Liens PROJECT: (Name and address) ARCHITECT'S PROJECT NUMBER: OWNER:El Federated Women's Club Phase III THE LABICHE ARCHITECTURAL ARCHITECT: GROUP 1924 Lakeshore Dr.,Port Arthur,TX CONTRACT FOR:General CONTRACTOR:❑ 77640 Construction SURETY:❑ TO OWNER: (Name and address) CONTRACT DATED:09/30/2021 CITY OF PORT ARTHUR OTHER:❑ 3401 CULTURE CTR.DR. PORT ARTHUR,TX 77642 STATE OF: TX COUNTY OF: HARDIN The undersigned hereby certifies that to the best of the undersigned's knowledge,information and belief,except as listed below,the Releases or Waivers of Lien attached hereto include the Contractor,all Subcontractors,all suppliers of materials and equipment,and all performers of Work,labor or services who have or may have liens or encumbrances or the right to assert liens or encumbrances against any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: (Name and address) 1. Contractor's Release or Waiver of Liens, MCINNIS CONSTRUCTION,INC. conditional upon receipt of final payment. 675 S.4TH STREET SILSBEE,TX 77 2. Separate Releases or Waivers of Liens from BY: Subcontractors and material and equipment (Sig r ure of a1 horized suppliers,to the extent required by the Owner, rep sentative accompanied by a list thereof. KYLE KEL Y,VP OF CONSTR. (Printed na to and title) Subscribed and sworn to befo e me on this date: Notary Public,. � � ® My Commission Expires: g ti ,0.RY P4 OLIVIAAHN RICHARRDSON _4�`n\ Notary 10#131666491 IQ Mt My Commission Expires A3,►s August 26,"2026 AIA Document G706A'"—1994.Copyright®1982 and 1994 by The American Institute of Architects.All rights reserved. - , ..iA''f lA oco a,-- ., ,- - ., .,, .,,:�.;k, ,'., ; - - -; <: This document was produced by NA 1 software at 14:17:04 ET on 09/07/2022 under Order No.2114337126 which expires on 06/22/2023,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (3B9ADA64) EXHIBIT "C" Pr CONTRACTOR'S CERTIFICATE AND RELEASE FROM: McInnis Construction, Inc. (Name of Contractor) TO: City of Port Arthur (Owner) REFERENCE CONTRACT NO.: CONTRACT ENTERED INTO THE 30th DAY OF September 2021 BETWEEN THE CITY OF PORT ARTHUR AND McInnis Construction,Inc. OF Silsbee,TX FOR THE PROJECT City of Port Arthur- Historic Rehabilitation of Federated Womens Club - Phase III 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 $295,144.18 . 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 2 ,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 I 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. l IN WITNESS WRFREOF,the undersigned has signed and sealed this instrument this 5 day of ,2022. McInnis Construction, Inc. {SEAL} (Contractor) BY: (Si nat re) Dusty McInnis,President (Printed Name/Title of Officer) Dusty McInnis ,being first duly sworn on oath,deposes and says,First,that,he/she is the (Affiant) President of McInnis Construction, Inc. (Title) (Name of Company) Second, that he/she has read the foregoing certificate by him/her subscribed as President (Title) of McInnis Construction,Inc. • (Name of Company) Affiant further states that the matters and things stated herein are true. (A Subscribed and sworn to before me this day of -r``- " ,2022. My commission expires L j l�t[ULD NOTARY .rpv°Um OLIVIA ANN RICHARDSON r°�`�`� Notary ID#131666491 � =ov'I� My Commission Expires ' 1te August 26, 2026 2 EXHIBIT "D" f1 ry -- Document G706 - 1994 Contractor's Affidavit of Payment of Debts and Claims PROJECT:(Name and address) ARCHITECT'S PROJECT NUMBER: OWNER: Federated Women's Club Phase III THE LABICHE ARCHITECTURAL ARCHITECT:El GROUP CONTRACTOR:El 1924 Lakeshore Dr.,Port Arthur, CONTRACT FOR:General Construction SURETY:❑ TX 77640 OTHER:❑ TO OWNER:(Name and address) CONTRACT DATED:09/30/2021 City of Port Arthur 3401 Culture Ctr.Dr. Port Arthur,TX 77642 STATE OF: TX COUNTY OF: HARDIN 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 performed,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 or Owner's property might in any way be held responsible or encumbered. EXCEPTIONS: SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: (Name and address) 1. Consent of Surety to Final Payment. Whenever MCINNIS CONSTRUCTION,INC. Surety is involved,Consent of Surety is 675 S.4TH STREET required. AIA Document G707,Consent of SILSBEE,TX 77656 Surety,may be used for this purpose Indicate Attachment ❑ Yes ® No BY: The following supporting documents should be attached (Sig iture of a thorized representative) hereto if required by the Owner: KYLE KEL EY,VP OF CONSTR. 1. Contractor's Release or Waiver of Liens, (Printed name and title) conditional upon receipt of final payment. 2. Separate Releases or Waivers of Liens from Subscribed and sworn to before me on this date: Subcontractors and material and equipment 1 I a-I t' 9 suppliers,to the extent required by the Owner, accompanied by a list thereof. ` Notary Public: i1�l�-� 3. Contractor's Affidavit of Release of Liens(AIA My Commission Expires: Document G706A). 0.11"i OLIVIA ANN RICHARDSON i'r..-` Notary ID#131666491 y,' I' My Commission Expires ' '4�1.* August 26,2026 AIA Document G706"—1994.Copyright©1970 and 1994 by The American Institute of Architects.All rights reserved. .. ,,., n e, <, a This document was produced by AIA 1 software at 14:11:42 ET on 09/07/2022 under Order No.2114337126 which expires on 06/22/2023,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents°Terms of Service,To report copyright violations,e-mail copyright(djaia.org. User Notes: (3B9ADA4F) EXHIBIT "E" CONTRACTOR'S CERTIFICATE OF DEBTS PAID PROJECT• City of Port Arthur- Historic Rehabilitation of Federated Womens Club - Phase III 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: McInnis Construction, Inc. ,Texas Signature:4 Printed Name: 4i S Date: 12/05/22 Subscribed and sworn to before me this 5 day of ULQ 2022 My commission expires: 1 r OLIVIA ANN RICHARDSON N Y Notary ID#131666491 0 4 Tio My Commission Expires 0 '�t F August 26,2026 EXHIBIT "F" CONTRACTOR'S CERTIFICATE OF WARRANTY FROM: McInnis Construction,Inc. (Name of Contractor) TO: City of Port Arthur (Owner) REFERENCE CONTRACT NO.: CONTRACT ENTERED INTO THE 30th DAY OF September 2021 BETWEEN THE CITY OF PORT ARTHUR AND McInnis Construction,Inc. OF Silsbee,TX FOR THE PROJECT City of Port Arthur- Historic Rehabilitation of Federated Womens Club - Phase III KNOW ALL MEN BY THESE PRESENTS: 1.) McInnis Construction,Inc. does hereby guarantee all of the work done under the (Name of Contractor) 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 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 by Owner,as evidenced by the Contractor's Certificate of Completion. 3.) This Certificate is given in connection with the final payment under the contract between the Owner and McInnis Construction,Inc. ,and with the knowledge that it will be relied upon in (Name of Contractor) 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 J da of Y ,2022. McInnis Construction,Inc. {SEAL} (Contractor) BY: M i11_1. Dusty McInnis, President (Printed Name/Title of Officer) 1-Warranty Dusty McInnis being first duly sworn on oath,deposes and says, First, that,he/she is the (Affiant) President of McInnis Construction, Inc. (Title) (Name of Company) Second,that he/she has read the foregoing certificate by him/her subscribed as President (Title) of McInnis Construction, Inc. (Name of Company) Affiant further states that the matters and things stated herein are true. (.4 t) Subscribed and sworn to before me this s4/-- day of K�` ' , 2022. My commission expires AELitU.1 4. (0)\ZAJF r a OLIVIA ANN RICHARDSON NOTARY =% Notary ID#131666491 4A92_, My Commission Expires �.. August 26,2026 OF 2-Warranty EXHIBIT "G" The LaBiche ARCHITECTURAL GROUP,INC. Dohn H.LaBiche,FAIA December 7, 2022 Principal Greg Wall,AlA Principal City of Port Arthur 7999 Gladys,Suite 101 Adam Saunders Beaumont,Texas 77706 3401 Culture Ctr. Dr. (409)860-0197 Fax:(409)860-0198 Port Arthur, Texas 77642 www.labiche.com RE: Historic Rehabilitation of Federated Women's Club—Phase III ARCHITECTURE Dear Mr. Saunders, Enclosed herewith is the Contractor's Application and Certificate for PROJECT Payment No. 6, retainage in the amount of $14,757.21. This CONSULTING application has been reviewed, and is recommended for payment. PLANNING Sincerely, ,4--QED AR 2r INTERIOR N (fie/L'y t DESIGN ,a 0 0� 1 �S'.m L � .lam m n -\C* I Dohn H. 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F z N M Tt v1 so (-- 00 eh C - N M Tf v1 .O c- co O‘ O Cl N a:'3 '2 0 0 666666 O ■ � •f2a « � § \ § aw 4 < 3 % — — 2 < — iii § \ A& 7 $ $ 2 }§a } o c o # ,;\ 2 Oa i. ® - _ Z lA:J � < - U / /tz e. @ # a go k§II E e0 ci 00 4 '4( kk( c 00 § n §G$ = 22 \ \ $ § 3 ■ )sr 2 \ Lu� § } � � cis e = vt }e/ It / r egg w) Es § 0 fa 2 \ 2 k±- \ � w0rn 2 } m / moo $k« � � � 0 « w � 12 223 a \ al 7 0 # ' = g o d s ill kJ P§ az � !f!f ��/ �\ z R \ $ � �$! � =) EVI o o , — or i !oRg ¢ _7� fQ • > § ei (!7E/ a. (E. o o _ �� S ] \ ... k g 2 Q A§, u ka /w .. /® �§) C4 i P. 1; |, 0 k 2 §2t / j j �k) GO If2 f2 \ \ 0 1aB q j ® $ 2 '03ea \ § § F5; aiili 4 § Z r - §/a®° ® ® .■2i EXHIBIT "H" City of ort rtl:u � www.PortArthurTx.gov CERTIFICATE OF COMPLETION Date: 12/1/22 Project: Phase Ill repairs and renovations to Department Club (Also known as Federated Women's Club); Release of Retainage. To: All Concerned I HEREBY CERTIFY THAT this project was completed on November 1, 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: 1�A'Qaa n r, Adam J Saunders Civic Center Director 3401 Cultural Center Drive—Port Arthur,TX 77642—409-985-8801 CITY OF PORT ARTHUR, TEXAS CIVIC CENTER DEPARTMENT CERTIFICATE OF ACCEPTANCE FOR... Department Club Phase III To: McInnis 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 the Department Club (also known as Federated Women's Club), 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 McInnis Construction,Inc of Silsbee, Texas. Ron Burton City Manager Sherri Bellard City Secretary