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HomeMy WebLinkAboutPR 22975: REPAIRS TO POMPEIIAN VILLA • Memorandum City of Vidor, 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.22975 At Pompeiian Villa, much repair and maintenance are needed. The first repairs to the building have been designated as Phase I. Additional work is needed. During the end of the work for this phase, preparation was starting for the next phase,Phase III (Phase II was the evaluation of the entire building to determine future repairs.) During this preparation time it was determined Phase III should be to the porte cochere. It looks like the entire porte cochere will need to be completely, or nearly completely, rebuilt, and restored. Part of the work left to be completed on Phase I was railings/lattice installed on the porte cochere. Since this work would need to be removed during Phase III, it was decided to terminate the current contract for this work, so as not to have the railings/lattice placed. The placement of the railings/lattice will be included in Phase III. The termination of the contract means the City of Port Arthur will owe less to the contractor for Phase I. Change Order #2 is the reduction of the final amount owed and part of this proposed resolution. The termination of the contract will also require the close out of the contract, which is also included in this proposed resolution. ANALYSIS/CONSIDERATION: There are a lot of needed repairs at the building. Repairs to Pompeiian Villa, designated as Phase I, was approved by City Council through Resolution 22-101 in March of 2022. It has been determined the termination of the contract for Phase I is warranted. Change Order#2 to this contract will reduce the total for the contract with Marsh Waterproofing, Inc of Vidor, Texas of$100,000.00 by $17,173.00 to the new & ' contract amount of$82,827.00. In addition,acceptance of close out documents for this contract is needed and the final payment,including retainage,of$24,877.00. RECOMMENDATION A resolution authorizing the City Manager to execute Change Order No.2 decreasing the original contract amount of$1000,000.00 by$17,173.00 to the new contract amount of$82,827,00,termination for convenience of the contract and acceptance of the certificate of completion,contractor's certificate and release,contractor's certificate of warranty,contractor's certificate of debts paid to the contract between the City of Port Arthur and Marsh Waterproofing, Inc.of Vidor Texas for repairs to Pompeiian Villa and approval of release of retainage for the amount of$24,877.00. BUDGETARY AND FISCAL EFFECT Funds are available in hurricane account#LAUR15-GRE-BUM and#DLT15-GRE-BUM. STAFFING EFFECT None P.R. No. 22975 01/11/2022 AJS PAGE 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 2 DECREASING THE ORIGINAL CONTRACT AMOUNT OF $100,000.00 BY $17,173.00 TO THE NEW CONTRACT AMOUNT OF $82,827.00, ACCEPTANCE OF THE TERMINATION FOR CONVENIENCE OF THE CONTRACT AND ACCEPTANCE OF THE CERTIFICATE OF COMPLETION, CONTRACTOR'S CERTIFICATE AND RELEASE, CONTRACTOR'S CERTIFICATE OF WARRANTY, CONTRACTOR'S CERTIFICATE OF DEBTS PAID TO THE CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND MARSH WATERPROOFING, INC. OF VIDOR, TEXAS FOR REPAIRS TO POMPEIIAN VILLA AND APPROVAL OF RELEASE OF THE FINAL PAYMENT AND RETAINAGE FOR THE AMOUNT OF $24,877.00 FROM HURRICANE ACCOUNT #LAUR15-GRE- BUM AND#DLTA15-GRE-BUM WHEREAS, pursuant to Resolution No. 22-101, the City of Port Arthur City Council awarded a contract for the repairs to Pompeiian Villa to Marsh Waterproofing, Inc. of Vidor, Texas for the amount of$80,000.00; and, WHEREAS, pursuant to Resolution No. 22-370, the City of Port Arthur City Council approved Change Order No. 1 increasing the contract by $20,000.00 to the new amount of $100,000.00; and, WHEREAS, Change Order No. 2 is being submitted by Marsh Waterproofing, Inc. of Vidor, Texas to reconcile the contract to reflect a deduct in the amount of$17,173.00 due to the termination of the contract amending the contract amount of $100,000.00 to the new contract amount of$82,827.00, see (Exhibit A); and, WHEREAS,the City of Port Arthur deems it appropriate to terminate the contract with Marsh Waterproofing of Vidor, Texas for convenience due to the discovery of unforeseen additional repairs required prior to the contractor being able to complete its contract; and WHEREAS, a Notice of Termination for Convenience has been submitted to Marsh Waterproofing, Inc. of Vidor, Texas, see (Exhibit B); and, WHEREAS, Marsh Waterproofing, Inc. of Vidor, Texas has submitted the Certificate of Substantial Completion dated November 21, 2022 and the work to which the Certificate applies has been inspected, authorized, and declared to be complete up to the date of termination of the contract in accordance with the contract documents and made a part hereof as Exhibit C; together with the Contractor's Certificate and Release (Exhibit D), the Contractor's Certificate of Warranty (Exhibit E), and the Contractor's Certificate of Debts Paid (Exhibit F); and, WHEREAS, the final payment, which includes the retainage for the project at 5% of the work completed and billed, the final payment has been submitted by Marsh Waterproofing, Inc. of Vidor, Texas for the amount of$24,877.00, see (Exhibit G); and, WHEREAS, Marsh Waterproofing, Inc. of Vidor, Texas has completed the contracted project up to the date of termination of the contract to the satisfaction of the Civic Center Director and LaBiche Architectural Group, see (Exhibit H); and, WHEREAS, approval of Change Order No. 2 along with the Notice of Termination and the acceptance of the Close Out Documents, and Final Payment 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: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City Council hereby authorizes the City Manager to execute Change Order No. 2 submitted by Marsh Waterproofing, Inc. of Vidor, Texas to reconcile the termination of the project and will decrease the original contract amount of$100,000.00 by $17,173.00 to the new contract amount of$82,827.00, (Exhibit A); and, THAT, the City Council hereby accepts the Notice of Termination for Convenience (Exhibit B); and, THAT, the City Council hereby accepts the Certificate of Substantial Completion dated November 21, 2022 (Exhibit C); together with the Contractor's Certificate and Release (Exhibit D), the Contractor's Certificate of Warranty (Exhibit E), the Contractor's Certificate of Debts Paid (Exhibit F)and Certificate of Completion—Termination of Contract (Exhibit H); 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 I) for the completion of the Repairs to Pompeiian Villa Phase I Project; and, THAT, the Final Payment, which includes the Release of Retainage, be paid to Marsh Waterproofing, Inc. of Vidor, Texas in the amount of$24,877.00 (Exhibit G); and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of January, A.D. 2023 at a Regular Meeting 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:recia e o tto ey APPROVED F ADMINISTRATION: Ronald Burton, City Manager APPROVED AS TO FUND AVAILABILITY: (f) c)\../ _ - ,C--)CA..J•-A- --0 1 A Kandy Daniel, hitei Director of Finance kOimft t Wi Tams, CPPB. Purchasing Manager I I I EXHIBIT "A" CHANGE ORDER PROJECT: Pompeii Villa—Exterior CHANGE ORDER NO: 2 Restorations CONTRACTOR: Marsh Waterproofing DATE: 12.29.2022 240 South Main St, Suite#2 ARCHITECT'S PROJECT NO.: 20044 PO Box 968 CONTRACT DATE: 02.17.2022 Vidor,Texas 77670 CONTRACT FOR: Renovations This Contract is changed as follows: Change Order Request#2-Credit Cancellation 1 61050 roof carpentry (-$5,000.00) 2 62000 finish carpentry (-$7,000.00) 3 79000 joint sealants _ (41.500.00) 4 99113 exterior painting (-$3,673.00) TOTAL: (-$17,173.00) '*See attached breakdown Not valid until signed by the Owner,Architect,and Contractor. The original Contract Sum was $80,000.00 Net change by previously authorized Change Orders $20,000.00 The Contract Sum prior to this Change Order was $100,000.00 The Contract sum will be decreased by this Change Order in the amount of ( $17,173.00) The new Contract Sum including this Change Order will be $82,827.00 The Contract Time will be increased by zero(00)days. The date of Substantial Completion as of the date of this Change Order therefore is Date on Notice to Proceed. NOTE: The summary does not reflect changes in the Contract Sum or Contract Time which have been authorized by Construction Change Directive. The LaBiche Architectural Group Marsh Waterproofing,Inc. City of Port Arthur 7999 Gladys Avenue,Suite 101 240 South Main St,Suite#2 3401 Culture Ctr.Dr. Beaumont, e a 77706 Vidor,Texas 77662 Port Arthur,Texas 77642 By: By: By: Date: R E ,.441 r r, . Date:/2/t9 - j-tefti1411P+; 1+ Date: c *4 OF 1 ' Page EXHIBIT "B" The LaBiche ARCHITECTURAL GROUP, INC. November 8, 2022 Dohn H.LaBiche,FAIR Principal Mr. Tim Marsh Marsh Waterproofing, Inc Greg Wall,AIA 240 S. Main Street, Suite 2 Prindpai Vidor, Texas 77622-5755 7999 Gladys Ave.,Suite 101 Beaumont,Texas 77706 (409)860-0197 Fax:(409)860-0198 Re: Historic Rehabilitation to Pompeiian Villa-Notice of www.labiche.com Termination for Convenience Project#20044 Dear Mr.Marsh: Pursuant to the terms of your contract, dated February 17, 2022, for the above-mentioned project, specifically Article 7 - Termination or Suspension of AIA Document A101-2017 Standard Form of Agreement Between Owner and Contractor;Article 14-Termination or Suspension of the Contract Sections 14.4 through 14.4.3 Termination by the Owner for Convenience of AIA Document A201-2017 General Conditions of the Contract for Construction,this contract is hereby terminated effective November 21, 2022 Marsh Waterproofing, Inc.in accordance with this Notice of Termination shall: 1. Cease operations as directed by the Owner Designate in this Notice of Termination 2. Take actions necessary, to as directed below, for the protection and preservation of the Work;including a. Storing unused material paid for by the Owner, on site in the Owners ARCHITECTURE designated area. PROJECT 3. Except for Work directed to be performed prior to the effective date of termination CONSULTING stated in this notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders, Notify all subcontractors PLANNING and suppliers, if any, of this Notice of Termination. The following Work shall be completed prior to termination of contract: INTERIOR a. Unfinished aintin DESIGN p g per the attached observation report dated November 8,2022. Page 112 The LaBiche 1 ARCHITECTURAL GROUP, INC. 4. Notify the Owner Designate/Architect, Dohn H. LaBiche, FAIA, of any and all matters that may be adversely affected by this termination;and 5. Take any other action required by The City of Port Arthur and/or The LaBiche Architectural Group to expedite this termination. Please acknowledge receipt of this Notice by signing and dating,and returning to this office. Sincerely i 11� Dohn H.LaBiche,FAIA =` P:.. �A0 r.., DHUbo -=� 3�1A. CaB,4�ti`,'., 19'io 'a !-� -ln ;C't51 Ntr, 11592 c 4.7 IlO Marsh Waterproofing,Inc. Name(print): Tim Marsh L Title: `PY li '1 Signature: 74i AL._Date: I t—t — Page 212 f 1 Dohn H.LaBiche,FAIA-Principal I Greg Wall,MA-Principal The LaBiche 7999 Gladys Avenue,Suite 101 Beaumont,Texas 77706 i ARCHITECTURAL GROUP, INC. (409)860-0197• Fax(409)860-0198 November 08, 2022 Historic Rehabilitation of Pompeiian Villa • All exposed wood shall be primed and 2 coats of paint shall be applied. 1 i`b. t ,...re:,-' '.,..' ..if*'''''':.^' i'` , . it. .....,,... ....,, , : _, PK • ,`, ^ 'Yeti Ld ' t. ., z. I i�'w 7�'1 J G 1. 4 - • • �.. Image at North West Corner of building Q current termination of work. 1 of 2 • All exposed wood shall be primed and 2 coats of paint shall be applied. 4,-... N, . „,-,--,--;,_.:--.-,':-7 ;*K ..1 r {tip l ,. ', ;.._ t` ,Pt, .,: , a f ` l „ f ,; `" Image at South West Corner of building @ current termination of work. 2 of 2 EXHIBIT "C" CONTRACTOR'S CERTIFICATE AND RELEASE FROM: Marsh Waterproofing Inc. (Name of Contractor) TO: City of Port Arthur (Owner) REFERENCE CONTRACT NO.: 20044 CONTRACT ENTERED INTO THE 17 DAY OF February BETWEEN THE CITY OF PORT ARTHUR AND Tim Marsh OF Marsh Waterproofing Inc. FOR THE PROJECT Historic Rehabilitation of Pompeiian Villa 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 $ 36,277.00 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. 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 1&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. 1 IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this 4 day of January , 20 Marsh Waterproofing Inc._ {S ,/�r MICHELLE NEILL (Contractor) Notary ID#125816919 My CommissionExpires August 25, 2p26Exp BY: 1Gt--' (Signature) Tim Marsh - President (Printed Name/Title of Officer) Tim Marsh , being first duly sworn on oath, deposes and says, First,that,he/she is the (Af ant) President _._ of Marsh Waterproofing_Inc.__ (Title) (Name of Company) Second,that he/she has read the foregoing certificate by him/her subscribed as President (Title) of Marsh Waterproofing Inc. (Name of Company) Affiant further states that the matters and things stated herein are true. (Affiant) Subscribed and sworn to before me this 4 day of January 20P My commission expires __ 08/25/26 _. gar aye MICHELLE NEILL M1/6111.A2Aa_ r.'i n Notary IU#125816919 My Commission Expires ,�7 �~ August 25,2026Pew NOTARY 2 EXHIBIT "D" Or..".€7,49,1614 e•-•.°41".. Specializing in Building Restoration Physical Address: Mailing Address: 240 South Main St.Suite#2 P.O.Drawer 968 Vidor,TX 77662 Vidor,TX 77670-0968 Ph#409-769-0459/Cell#409-762-3527 Toll tree.1-866-251-0234 Fax#409-769-1682 Email: mwaterproofing@aol.com UNCONDITIONAL WAIVER& RELEASE UPON FINAL PAYMENT The undersigned has been paid in full for all labor, services,equipment or material furnished to the City of Port Arthur on the job of Pompeii Villa—Historic Rehabilitation located at 1953 Lakeshore DR,Port Arthur TX 77640 and does hereby waive and release any right to a mechanics lien,stop notice,or any right against a labor and material bond on thejob..�,� EXECUTED THIS `.2 � DAY OF�C I,C��ii 1` / ,2022. MARSH WATERPROOFING,INC. A PRINTED NAME&T�1. . J1u A.ACJ ['trig( SIGNATURE: 04/44Atet ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF ORANGE GIVEN MY HAND AND SEAL THIS ES,DAY OF Deettnta- ,2022 ,(NOTARY PUBLIC)IN AND FOR tmL ..__.COUNTY,TEXAS. MY COMM SS[ON EXPIRE ON 16 I Zit MICHELLE NEILL 'P"n Notary ID#125816919 NOTARY-PUBLIC IN AND FOR THE STATE vat, My August 5.2026 OF TEXAS EXHIBIT "E" CONTRACTOR'S CERTIFICATE OF WARRANTY FROM: Marsh Waterproofing Inc. (Name of Contractor) TO: City Of Port Arthur (Owner) REFERENCE CONTRACT NO.: CONTRACT ENTERED INTO THE 17 DAY OF February, 2022 BETWEEN THE CITY OF PORT ARTHUR AND Tim Marsh OF Marsh Waterproofing Inc. FOR THE PROJECT Historic Rehabilitation of Pompeiian Villa KNOW ALL MEN BY THESE PRESENTS: 1.) Marsh Waterproofing_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 Marsh Waterproofing.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 17 day of February ,24 -- - - -- Marsh Waterproofing Inc. E r,p MICHELLE NEILL (Contractor) ,,1% Notary ID N125816919 V.„V4t My Commission Expires August 25,2026 BY: (St nature) Tim Marsh - President (Printed Name/Title of Officer) 1-Warranty Tim Marsh ,being first duly sworn on oath,deposes and says,First,that,he/she is the (Affiant) President of Marsh Waterproofing Inc. • (Title) (Name of Company) Second, that he/she has read the foregoing certificate by him/her subscribed as President (Title) of Marsh Waterproofing Inc . (Name of Company) Affiant further states that the matters and things stated herein are true. 0:1077 2)4vL . (Affiant) Subscribed and sworn to before me this 4 day of January ,20 My commission expires 08/25/2026 r\Ut NOTARY p44ie er MICHIDELLE NEILL " Notary tl125816919 4My My Commission Expires ` 4 or SO. August 25,2026 APiggimurmaguswarisomp 2-Warranty EXHIBIT "F" CONTRACTOR'S CERTIFICATE OF DEBTS PAID PROJECT: Historic Rehabilitation of Pmpeiian Villa 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: Marsh Waterproofing Inc. . "Texas Signature: Printed Name: President Date: 01/04/2023 Subscribed and sworn to before me this 4 day of January , 20 ;23 My commission expires: 8/25/26 • Aif MICHELLE NEILL VohEJLk Notary ID Ift 25816919 M NOM Y tiki T My Commission Expires ?or 64 August 25,2026 EXHIBIT "G" EThe LaBiche ARCHITECTURAL GROUP, INC. Dohn H.LaBiche,FAIA December 29, 2022 Principal Greg Wall,AIA Principal II! Mr. Ron Burton, City Manager 7999 Gladys,Suite 101 City of Port Arthur 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 Pompeii Villa ARCHITECTURE Dear Mr. Burton, Enclosed herewith is the Contractor's Application and Certificate for PROJECT Payment No. 3, final including retainage in the amount of CONSULTING $24,877.00. This application has been reviewed, and is recommended for payment. PLANNING INTERIOR Sincerely / E q9`1f DESIGN I_u � - m n Dohn H. 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Invoice 240 South Main St. Ste#2 P.O. Box 968 Date Invoice# Vidor, TX 77670 12/22/2022 10277 Bill'to City of Port Arthur PO Box 1089 Port Arthur IX 77641 { Terms Project Pompeii Villa Pompeii Villa Description Qty Rate Amount Final-Pompeii Villa 24,877.00 24,877.00 Subtotal $24,877.00 Sales Tax (8.25%) $o.00 Total S24,877.00 Payments/Credits so.00 Phone# Balance Due $24,877.00 409-769-0459 EXHIBIT "H" City of ort rtJtut , www.PortArthurTx.gov CERTIFICATE OF COMPLETION (Termination of Contract) Date: 1/9/23 Project: Phase I repairs and renovations to Pompeiian Villa; Release of Retainage. To: All Concerned I HEREBY CERTIFY THAT the contract for this project was terminated for convenience pursuant to the contract as stated in the Termination Notice on November 21, 2022. All work done to this date of termination was under periodic inspection during construction by LaBiche Architectural Group and myself and City Inspectors. That to the best of my knowledge,the project up to the date of termination was constructed substantially in accordance with the plans and specifications. Submitted by: Adam J Saunders Civic Center Director 3401 Cultural Center Drive—Port Arthur,TX 77642—409-985-8801 EXHIBIT "I" CITY OF PORT ARTHUR, TEXAS CIVIC CENTER DEPARTMENT CERTIFICATE OF ACCEPTANCE FOR... Pompeiian Villa Phase I To: Marsh Waterproofing Inc This document is to certify that the City of Port Arthur, Texas has terminated for convenience, pursuant to the contract of this project as stated in the Termination Notice on November 21, 2022. The City of Port Arthur accepts the work completion up to this date of termination of the Phase I repairs and renovations to Pompeiian Villa,on the basis of the recommendation of the City of Port Arthur's Civic Center Department and receipt of the Termination Letter, Contractor's Affidavit of All Debts Paid, Contractor's Certificate of Release, Contractor's Certificate of Warranty executed by Marsh Waterproofing, Inc of Vidor, Texas. Ron Burton City Manager Sherri Bellard City Secretary