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HomeMy WebLinkAboutPR 23902: PHASE II REPAIRS AND RENOVAITONS TO POMPEIIAN VILLA P.R. No. 23902 8/29/24 AJS PAGE 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT CLOSE OUT DOCUMENTS SUBMITTED BY MARSH WATERPROOFING, INC. OF VIDOR, TEXAS AND APPROVE THE RELEASE OF RETAINAGE IN THE AMOUNT OF $24,190.00 FOR PHASE III REPAIRS AND RENOVATIONS TO POMPEIIAN VILLA. FUNDING IS AVAILABLE IN ACCOUNT NO. 307-00-000-2050-00-00-000, PROJECT NO. BU0015. WHEREAS, pursuant to Resolution No. 23-010, 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 Pompeiian Villa; and, WHEREAS, the City of Port Arthur's Purchasing Department advertised for bid for the Phase III repairs to Pompeiian Villa on June 7 and 14, 2023; and, WHEREAS, three bids were received; and, WHEREAS, evaluation of the bids determined Marsh Waterproofing, Inc. of Vidor, Texas,was the lowest responsible bidder with a bid of$230,000. 00; and, WHEREAS, pursuant to Resolution No. 23-317, the City of Port Arthur City Council awarded a contract for Phase III repairs to Pompeiian Villa to Marsh Waterproofing, Inc. of Vidor, Texas for the amount of$230,000.00; and, WHEREAS, pursuant to Resolution No. 23-535, the City of Port Arthur City Council awarded a Change Order No. One to Phase III repairs to Pompeiian Villa to Marsh Waterproofing, Inc. of Vidor, Texas for the amount of $11,900.00 bringing the total of the project to $241,900.00; and, WHEREAS, Marsh Waterproofing, Inc. of Vidor, Texas has submitted the Certificate of Substantial Completion dated February 29, 2024 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 and Certificate of Debts Paid(Exhibit"B"), and the Contractor' s Certificate of Warranty (Exhibit"C"); and, WHEREAS, the retainage for the project is 10% of the work completed and billed the Release of Retainage has been submitted by Marsh Waterproofing, Inc. of Vidor, Texas, for the amount of$24,190.00, see Exhibit"D"; and, P.R. No. 23902 8/29/24 AJS PAGE 2 of 3 WHEREAS, Marsh Waterproofing, Inc. of Vidor, Texas, has completed the contracted project to the satisfaction of the Civic Center staff and LaBiche Architectural Group, see Exhibit "E"; 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: 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 February 29, 2024 Exhibit "A"; together with the Contractor' s Certificate and Release (Exhibit "B"), and the Contractor' s Certificate of Warranty (Exhibit"C"). 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 "F") for the completion of Phase III repairs to Pompeiian Villa. THAT, the Release of Retainage be paid to Marsh Waterproofing, Inc. of Vidor, Texas, in the amount of$24,190.00. 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 2024 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 A • �.� s Roxann Pais Cotroneo, City Attorney APPROVED FO M ISTRATION: e---- ----;4 Ronald Burto C. anager Adam J. LSaund s, vic Center Director APPROVED AS TO FUND AVAILABILITY: 3( o6i 611Wti.e.J0 LyndaBoswell, M.A., ICMA-CM Director of Finance A *1� 141-114_ Clifton Williams, CPPB, Purchasing Manager EXHIBIT "A" CERTIFICATE OF SUBSTANTIAL COMPLETION Purchase Order No.: *'2.20423 Project Name: % p.e 1 V.t ta_. Contractor: AOJSK Description of Work: 14{5 kWVC 1ZeetisYck+1M-"-Rpm-.rt. l The work performed under this contract has been review d and font) to be substantially complete.The date of substantial completion is hereby established as 'aq'a KNOW ALL MEN BY THESE PRESENTS: 1.) The stage of construction where,in the opinion of the City of Port Arthur,all items of the work necessary to enable the assets to be utilized without restrictions for the purpose for which the asset was constructed have been completed; and 2.) All pay items are complete and all necessary testing as required by the Laws and Regulations and/or Contract Documents have all been completed. Punch List All list of items to be completed or corrected,prepared by the CONTRACTOR and verified and amended by the ENGINEER, is attached hereto.The failure to include any items on such list does not alter the responsibility of the CONTRACTOR to complete all work in accordance with the contract documents.The CONTRACTOR shall complete or correct the work on the list of items attached hereto within in 60 days from the above date of substantial completion. The responsibilities shall be as set out in the Contract Documents or on the attached hereto.If not specified in and an attachment or in the Contract Documents the CONTRACTOR is responsible for maintenance,utilities and insurance. �it'41� W 0/ZCE'2 CONTRACTOR NAME SIG AT DATE LRECOMMENDED FOR ACCEPTANCE 0, \( ENGINEER NAME SIG t DA The City of Port Arthur accepts the work as Substantially Complete. City of Port Arthur,Department of Public Works. PROJECT MANAGER SIGNATURE DATE CITY ENGINEER SIGNATURE DATE PUBLIC WORKS DIRECTOR SIGNATURE DATE EXHIBIT "B" CONTRACTOR'S CERTIFICATE AND RELEASE FROM:_Marsh Waterproofing, Inc. (Name of Contractor) TO: City of Port Arthur (Owner) REFERENCE CONTRACT NO.: #22023 CONTRACT ENTERED INTO THE 19 DAY OF July 2023 BETWEEN THE CITY OF PORT ARTHUR AND OF Marsh Waterproofma, Inc. FOR THE PROJECT_Pompeii 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 $ 230.000 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 , 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 I 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 IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this 7 day of March ,2024. Marsh Waterproofing, Inc. {SEAL} (Contractor) BY: 044 })(.ug .,J (Signature) Tim Marsh—President (Printed Name/Title of Officer) 04I ( ,being first duly sworn on oath,deposes and says,First,that,he/she is the (Affiant) er icad of a�/2'I/L—`)J (Title) (Na of Company) Second. that he/she has read the foregoing_certificate by him/her subscribed as (Title) of ciLLpM . 0044 �12Q9i ame of Company) (� Affiant further states that the matters and things stated herein are true. apx ,}46(44-k__) (Affiant) � /��y r,, Subscribed and sworn to before me this q day of 1" t(11',rCY 1 ,20 My commission expires etile, q,te MiL.A\LU---1) i\VAlt` NOTARY <rpY°gy MICHELLE NEILL 9elia • Notary ID#125816919 0 My Commission Expires 'rE�+ August 25,2026 CONTRACTOR'S CERTIFICATE OF DEBTS PAID PROJECT: Pompeii 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: L122,t, Yl't.__/ Cii/lj( Printed Name: Tim Marsh Date: March 7. 2024 ' Subscribed and sworn to before me this icl day of VAirC , log I My commission expires: blilk-) 1 % ' A1,6-c) 1\\)kiQ( • • . • . VOTARY E C,°od MICHELLE NEILL f �F. Notary ID#125816919 AI s. My Commission Expires I �tv+ August 25, 2026 ) EXHIBIT "C" CONTRACTOR'S CERTIFICATE OF WARRANTY FROM: Marsh Waterproofing. Inc. (yarn of Contractor) TO: City of Port Arthur (Owner) REFERENCE CONTRACT NO.: #22023 CONTRACT ENTERED INTO THE 19 DAY OF July 2023 BETWEEN THE CITY OF PORT ARTHUR AND OF Marsh Waterproofing. Inc. FOR THE PROJECT_Pompeii 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 (.game 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 7 day of March . 2024. Marsh Waterproofing. Inc. ,SE I.1 (Contractor) BY: ' I (S gnalure) Tim Marsh—President (Printed Name Title of Officer) I-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. JctG4 ) (.Aan r ►�(� Subscribed and sworn to before me this / day of0,1(4 20,12: My commission expires 8 I I 2-L V,AftjAdit) NOTARY ►fir MICHELLE NEILL ela°��`s(C. Notary ID#125616919 � My Commission Expires ' �t'.7 August 25,2026 2-Warranty EXHIBIT "D" The LaBiche i ARCHITECTURAL GROUP,INC. Dohn H. LaBiche, FAIA August 30, 2024 Principal Greg Wall,AIA Principal Mr. Ron Burton, City Manager 7999 Gladys,Suite 101 City of Port Arthur Beaumont,lexas ///06 3401 Culture Ctr. Dr. (a Port Arthur, Texas 77642 Fax:x:(409(a09)860 0198 www.labiche.com RE: Pompeii Villa - Phase Ill Dear Mr. Burton, Enclosed herewith is the Contractor's Application and Certificate for Payment No. 4, retainage in the amount of $24,190.00. This application has been reviewed, and is recommended for payment. Sincere! Le Atop, m , n Dohn H. LaBiche, FAIA 1F DHL/bo Enclosure CC: Marsh Waterproofing Project #: 22023 ARCHITECTURE PROJECT CONSULTING PLANNING INTERIOR DESIGN P J� KN w 0 \J X� oN V\ C C \ J N ry ? aa �W o., �• A m m' •- E° T (v j= u o o, m m L SiZ m m a U « ` I -.2u0yQ 0 o :AS 3X .O rx v a ,.a aIL m7o Wihc o o o V Na c ccWe• 9 ai. c a?z? 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Invoice 240 South Main St.Ste#2 P.O.Box 968 Date Invoice# Vidor, TX 77670 8/29/2024 11400 Bill To City of Port Arthur PO Box I089 Port Arthur TX 77641 Terms Project Final Pompeii Villa Phase... Description Qty 'Rate Amount City of Port Arthur 24,190.00 24,190.00 Pompeii Villa-Final Pay App Subtotal $24,190.00 Sales Tax (8.25%) $o.00 Total $24,190.00 Payments/Credits $o.00 Phone# Balance Due $24,190.00 409-769-0459 EXHIBIT "E" City of ort rtl:u�� 70us www,Port.ArthurTx.gov CERTIFICATE OF COMPLETION Date: 8/29/24 Project: Phase III repairs and renovations to Pompeiian Villa; Release of Retainage. To: All Concerned I HEREBY CERTIFY THAT this project was completed on February 29, 2024 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: Okfr �G C Adam J S unders Civic Center Director 3401 Cultural Center Drive—Port Arthur,TX 77642—409-985-8801 EXHIBIT "F" CITY OF PORT ARTHUR, TEXAS CIVIC CENTER DEPARTMENT CERTIFICATE OF ACCEPTANCE FOR... Pompeiian Villa Phase III To: Marsh Waterproofing, Inc. This document is to certify that the City of Port Arthur, Texas accepts the completion of the Phase III 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 Certificate of Completion, Contractor's Affidavit of All Debts Paid, Contractor's Certificate of Release, Contractor's Certificate of Warranty executed by Marsh Waterproofing, Inc. Ron Burton, CPM City Manager Sherri Bellard City Secretary