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HomeMy WebLinkAboutPR 24107: ROSEHILL MANOR, AGREEMENT WITH MARSH WATERPROOFING, INC. $375,000.00 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 Director RE: Proposed Resolution No. 24107 INTRODUCTION: At Rosehill Manor, significant repair and maintenance are required. Some building repairs have already been completed and designated as Phases I, II, and III. However, additional work is needed, which will be designated as Phase IV. Phase IV primarily focusing on exterior needs, particularly the upper half of the building. In March 2023, the City Council approved Resolution 23-133 for the architectural plans, drawings, and documentation required for approval by the Texas Historical Commission and to ensure proper restoration and repairs. With these preparations complete, we are ready to proceed with the Phase IV work. BACKGROUND: The Purchasing Division advertised for bids for the repair on July 31, 2024 and August 7, 2024. Marsh Waterproofing of Vidor, Texas was the only contractor to submit a bid in the amount of $528,293.00. The bid price was more than what was budgeted for the repair. To address this, the City Council approved Resolution 24-495, allowing the City to negotiate a reduced scope of work to align with the budget. The City is now ready to proceed with a contract with Marsh Waterproofing, Inc. of Vidor, Texas,to complete the work at a reduced cost of$375,000.00. RECOMMENDATION: It is recommended that the City Manager to enter into an agreement with Marsh Waterproofing, Inc. of Vidor, Texas for the Phase IV repair and renovation to Rose Hill Manor in the amount of $375,000.00. BUDGETARY AND FISCAL EFFECT: Funds are available in Rosehill Renovations from the CIP account#307-15-043-8512-00-10-000 Project BU 0014-CON STAFFING EFFECT: None P.R. No.24107 01/10/25 AJS PAGE 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MARSH WATERPROOFING, INC. OF VIDOR, TEXAS FOR PHASE IV REPAIR AND RENOVATION TO ROSE HILL MANOR IN THE TOTAL AMOUNT OF $375,000.00. FUNDS ARE AVAILABLE IN ROSEHILL RENOVATIONS FROM THE CIP ACCOUNT#307-15-043-8512-00-10-000 PROJECT BU 0014-CON WHEREAS, Rosehill Manor requires extensive repair and maintenance, with prior improvements completed and designated as Phases I, II and III; and WHEREAS, additional repairs and restoration are needed, with the next segment of work designated as Phase IV, which will primarily focus on exterior restorations; and WHEREAS, in accordance with the City's Procurement Policy, the Purchasing Division advertised bids for the Historical Rehabilitation of Rose Hill, Phase IV, on July 31, 2024 and August 7, 2024; and WHEREAS, Marsh Waterproofing of Vidor, Texas, was the only contractor to submit a bid in the amount of$528,293.00, as attached hereto in Exhibit"A", which exceeds the budgeted amount for the repair work; and WHEREAS, to address this, the City Council approved Resolution 24-495, allowing the City to negotiate a reduced scope of work to align with the budget; and WHEREAS, the City is now ready to proceed with a contract with Marsh Waterproofing, Inc. of Vidor, Texas,to complete the work at a reduced cost of$375,000.00. 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 Manager is hereby authorized to enter into an agreement with Marsh Waterproofing, Inc. of Vidor, Texas. for the Phase IV repair and renovation of Rose Hill Manor in the total amount of$375,000.00, in substantially the same form as attached here to as Exhibit "B„ THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. P.R.No. 24107 01/10/25 AJS PAGE 2 of 3 READ, ADOPTED, AND APPROVED, this day of 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 ORM: Roxann Pais otroneo, City Attorney APPROVE I ' : ' i 1 INIST ' • TION: Urti Ronald Burton, l'7 City Manager APPROVED AS TO FUND AVAILABILITY: Lynda Boswell, M.A.. ICMA-CM Director of Finance Clifton Williams, CPPB,Purchasing Manager EXHIBIT "A" CITY OF PORT ARTHUR Request for Bids Historic Rehabilitation of Rose Hill Manor Phase IV July 31, 2024 August 7, 2024 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BID Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hail 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,August 21,2024 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,August 21,2024 in the City Council Chambers,5th Floor,City Hall,Port Arthur,Texas for certain services briefly described as: HISTORIC REHABILITATION OF ROSE HILL MANOR PHASE IV Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street, City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthur.net or www.publicpurchase.com. MANDATORY PRE-BID MEETING IS SCHEDULED FOR MONDAY,AUGUST 12,2024 AT 10:00 A.M.AT ROSE HILL LOCATED AT 100 WOODWORTH,PORT ARTHUR,TEXAS PUBLIC NOTICE The City of Port Arthur reserves the right to reject any and all bids and to waive informalities. CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BID Per Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance,the City Council shall not at sealed bids,addressed to the City of Port Arthur,will be received at the award a contract to a company That is in arrears in its obligations to the City. try,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no dnesday,August 21,2024 and all bids received will thereafter be opened ,.m.,on Wednesday,August 21,2024 in the City Council Chambers,5th ur,Texas for certain services briefly described as: CliftonWilliams r REHABILITATION OF ROSE HILL MANOR PHASE IV Purchasing Manager — bias received atter me deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthur.net or www.publicpurchase.com. MANDATORY PRE-BID MEETING IS SCHEDULED FOR MONDAY,AUGUST 12, 2024 AT 10:00 A.M.AT ROSE HILL LOCATED AT 100 WOODWORTH,PORT ARTHUR,TEXAS The City of Port Arthur reserves the right to reject any and all bids and to waive informalities. Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton Williams Purchasing Manager ¥ c = c w_ c ƒ § » 3 E fa.,, / et q f t n - n 2 4 . • j ¢ q ®» n \ cr r17 E �' - ^ f I ft j Q = IN / et, e / ' §. _/ / �' Cr. CM n o tn n _ / E _ — Co 0 •• = 0- O 3 0 ° 7 c / § § + 2 § ¥ q ® 7 » ƒ E 7 .- § 7 " w ® > § = E ƒ ¥ « c, 00 n e o m 2 3' 9 / 9 9 / f — \ R 2 _ k E k / k \ § ® 9 ¥ d� "I X k - = 2 \ ^si ; 3 r k E < tr n -s HISTORIC REHABILITATION OF ROSE HILL MANOR - PHASE IV CITY OF PORT ARTHUR, TEXAS PROPOSAL FORM Marsh Waterproofing Inc. Name of Contractor 240 S Main ST.Suite#2 Address of Contractor Vidor TX 77662 City/State/Zip 08/21/2024 Date City of Port Arthur, TX Clifton Williams, Acting Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams(a�portarthurtx.gov Gentlemen: We propose to furnish all labor, material and equipment, and to perform all work necessary to construct the HISTORIC REHABILITATION OF ROSE HILL MANOR — PHASE IV, CITY of PORT ARTHUR TEXAS, at 100 Woodworth Blvd, Port Arthur Texas, in accordance with drawings and specifications prepared by The LaBiche Architectural Group, Inc. for the following sum: BASE BID: FLU hi4 rye d -Iv 6(gill+ --N'o uSC y d14w 0 hwid LF Dollars $ 5228, 2q� Upon receipt of notice of acceptance of our bid, we agree to execute the Contract within 10 (ten) days after such notice, begin work on or before the date of ccAn encement of the Work established in the Notice to Proceed, and to complete the Work within I calendar days. We acknowledge receipt of ADDENDA NO. —to NO— , issued during the time of bidding, and include the several changes in this Proposal. We have visited and examined the site of the Work and the nature and kind of work to be performed and have informed ourselves of all local conditions and other things that might affect the cost or difficulty of performing the Work, and we represent and warrant that we have experience in the use of materials and methods of performance specified, and that we can and will do the Work and construct the improvements with the specified materials as contemplated and indicated by the drawings and specifications. PROPOSAL FORM 1 HISTORIC REHABILITATION OF ROSE HILL MANOR- PHASE IV CITY OF PORT ARTHUR, TEXAS LIQUIDATED DAMAGES FOR DELAYS: It is understood and agreed between the parties that time is of the essence of this contract, and in case the Contractor shall fail to fully, entirely, and in conformity with the provisions of this contract, perform and complete said work within the time stated in the proposal with such allowances as herein before provided or within such further time as he may be allowed by the Owner, the Architect shall compute the number of days of delinquency in said final and entire completion. It is hereby acknowledged by the Contractor that such delinquency caused additional overhead costs and expenses to the Owner. It is hereby agreed between both parties to this contract that the amount of said damages are hereby ascertained and liquidated at the greater of two hundred dollars ($200.00) per day of delay, or the actual measurable damages to the Owner including penalties, or other fees which may be charged to the Owner for failure to meet the time requirements. The Contractor hereby agrees to pay the stated sum to the Owner for each and every day of delinquency. CONTRACTOR'S PERSONNEL: The Bidder agrees to employ the following individuals for the entire duration of the Work at the positions indicated, and agrees not to remove them from the Work no replace them with other except as otherwise allowed in the Contract Documents. Tim Marsh Project Manager: Superintendent: Pedro Lopez Project Clerk: Tyler Harris PROPOSED SUBSCONTRACTORS: Subject to approval by the Owner and Architect, the Bidder agrees to employ the following named Subcontractors for the following trades (insert only one (1) name for each item of work), or if the item is not to be subcontracted, the Bidder shall insert the Bidder's own name. Item of Work Proposed Subcontractor Roofing I ISh VakirPrpk `� Painting MGM VO-urprour N `V Wood Restoration / Carpentry MarthWict/ Litt SEAL Respectfully submitted, Contractor PROPOSAL FORM 2 HISTORIC REHABILITATION OF ROSE HILL MANOR - PHASE IV CITY OF PORT ARTHUR, TEXAS 240 S Main ST,Suite#2 Address Vidor TX 77662 City/State/Zip 08/21/2024 By; 1 /11 ,t f 1-4) �L� - ocr Date Name itle END OF PROPOSAL FORM 1 PROPOSAL FORM 3 Pr NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm,corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: ' 9777 �//v� Printed Name: Tim Marsh Title: President Company: Marsh Waterproofing Inc. Date: 08/21/2024 SUBSCRIBED and sworn to before me the undersigned authority by;'mMarth the 21 of.August.2024on behalf of said bidder. MuhLW ) 11 ALL �� Notary Public in and for the elf.,: k,ICHELLE NEILL State of Texas e r°t`r, Notary ID#125816919 TAT Y My Commission Expires My commission expires: 8' Ire h/to or ` August 25,2026 +suer ...w,Kt i415:m'x AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: xx I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. [ hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Marsh Waterproofing Inc. 08/21/2024 Firm Name Date President Authorized Signature Title Tim Marsh 409-769-0459 Name(please print) Telephone office@marshwaterproofing.com Email STATE: TEXAS COUNTY: ORANGE SUBSCRIBED AND SWORN to before me by the above named Tim Marsh on this the 21 day of August 2024MAZ Witt) NI at ti `a M1CtiLL Notary Public JL Notary DE i11ELLE 25N8I1 641 9 }l'^,tr My Commission Expires 1E-�0} August 25, 2026 RETU A 4A A A OF THE BID PROPOSAL CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.23,84th Leg.,Regular Session. OFRCEUSEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. 0 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described.Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income. other than investment income, from the vendor? IDYes B IstY rea irga<li ire dFBr-Itairum:tr ft fit.al v dttl-ncitmlicrt cfi etarai a_:ter rt cific cur agaulinewr cF - Itel..k.k.r isr land gagerrirwarlisi siLj? 1DYes MP— Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. ❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176 003(a)(2)(B), excluding gifts described in Section 176 003(a-1) IIJ r� 1 ., • �-/ e v) Signature of vendor doing business with the governmental entity Dale Form provided by Texas Ethics Commission www.ethics.state.lx.us Revised 11/30.12015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.t.x.us/ Docs/LG/htm/LG.176.htm.For easy reference.below are some of the sections cited on this form. Local Government Code&176.001(1-41:"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (BJ a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. r ocal overnment Code&176.003(a1f21(Alsnd(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2.500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local govemmental entity and vendor has been executed: or (i) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local govemment officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: 0) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.00S(a)and(a-11 (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local government I entity and: (1) has an employment or other business relationship with a local govemment officer of that local govemmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(8),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1)The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity:or (B) submits to the local governmental entity an application.response to a request for proposals or bids. correspondence. or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer.described by Subsection(a): (BJ that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer Form provided by Texas Ethics Commission w'iv ethics sta!e.tx us Revised 11'30.2015 SB 252 CHAPTER 2252 CERTIFICATION Tim Marsh . the undersigned an representative Of Marsh Waterproofing.Inc. (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code. Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. 1 further certify that should the above- named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Tim Marsh Name of Company Representative(Print) Ma/v/4 ' Signature of Company Representative 08/21/2024 Date House Bill 89 Verification Tim Marsh (Person name), the undersigned representative (hereafter referred to as "Representative') of Marsh Waterproofing Inc. (company or business name, hereafter referred to as `Business Entity"), being an adult over the age of eighteen (18) years of age. after being duly sworn by the undersigned notary, do hereby depose and affirm the following: I. That Representative is authorized to execute this verification on behalf of Business Entity; ?. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory,but does not include an action made for ordinary business purposes. A /X SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME. the undersigned authority, on this 21 day of August 20 24 jskik, Notary Public Contractor's Qualification Statement 305 The Undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading. August 20, 2024 Submitted To: City of Port Arthur Box 1089 Port Arthur TX 77641 Submitted By: Marsh Waterproofing Inc. ®Corporation 240 S Main ST ❑ Partnership Suite 2 El Individual Vidor TX 77662 ❑Joint Venture Principal Office: 240 S Main ST, Suite 2 Vidor TX 77662 Name of Project: Historic Rehab of Rose Hill Manor Phase IV Type of Work: ®General Construction ❑ HVAC El Plumbing 0 Electrical ❑ ❑ ❑ ❑ CAUTION:You should sign an Original Document,on which this text appears in RED.An Original Document assures that changes will not be obscured. TORGO SOFTWARE TopFloorStore.com, Copyright D 1996-2024 ALL RIGHTS RESERVED 305 page 1 Submitted by: Marsh Waterproofinc 1. ORGANIZATION 1.1 How many years has your organization been in business as a Contractor? 23 1.2 How many years has your organization been in business under its present business name? 23 1.2.1 Under what other or former names has your organization operated? N/A 1.3 If your organization is a corporation, answer the following: 1.3.1 Date of incorporation: 12/30/2000 1.3.2 State of incorporation: TEXAS 1.3.3 President's name: Tim Marsh 1.3.4 Vice-president's name(s): 1.3.5 Secretary's name: Gayle Marsh 1.3.6 Treasurer's name: Gayle Marsh 1.4 If your organization is a partnership, answer the following: 1.4.1 Date of organization: N/A 1.4.2 Type of partnership : 1.4.3 Name(s)of general partner(s): 1.5 If your organization is individually owned, answer the following: 1.5.1 Date of organization: N/A 1.5.2 Name of owner: 1.6 If the form of your organization is other than those listed above, describe it and name the principals: N/A TORGO SOFTWARE®TopFloorStore.com t Copyright C 1996-2024 ALL RIGHTS RESERVED 305 page 2 Submitted by: Marsh Waterproofing 2. LICENSING 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable. TEXAS LOUISIANA#41239 -Building Construction MISSISSIPPI #14162 2.2 List jurisdictions in which your organization's partnership or trade name is filed. N/A 3. EXPERIENCE 3.1 List the categories of work that your organization normally performs with its own forces. 100%With our own Forces 3.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details.) 3.2.1 Has your organization ever failed to complete any work awarded to it? Attached: ❑Yes ® No 3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? Attached: ❑Yes ®No 3.2.3 Has your organization filed any law suits or requested arbitration with regard to construction contracts within the last five years? Attached: ❑Yes El 3.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (If the answer is yes, please attach details.) Attached: ❑Yes ®No 3.4 On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, architect, contract amount, percent complete and scheduled completion date. Attached: ®Yes ❑ No 3.4.1 State total worth of work in progress and under contract: 2,000,000 3.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the name of project, owner, architect, contract amount, date of completion and percentage of the cost of the work performed with your own forces. Attached: ®Yes ❑ No 3.5.1 State average annual amount of construction work performed during the past five years: 3,400,000 3.6 On a separate sheet, list the construction experience and present commitments of the key individuals of your organization. Attached: ®Yes ❑ No TORGO SOFTWARE e,TopFloorStore.com'D Copyright SJ 1996-2024 ALL RIGHTS RESERVED 305 page 3 Submitted by: Marsh Waterproofirn 4. REFERENCES 4.1 Trade References: Builders Products Houston TX 713-686-8203 Hartmans Building Specialties Beaumont TX 409-866-6103 Beacon Building Products Beaumont TX 409-866-9954 4.2 Bank References: Stellar Bank Box 26017 Beaumont TX 77720 PH#409-783-0880 4.3 Surety: 4.3.1 Name of bonding company: Western Surety Bonding Company Box 5077 Sioux Falls SD 57117 4.3.2 Name and address of agent: Higganbotham Insurance 700 West Prien Lake RD#200 Lake Charles LA 70601 Agent: Doug McElveen TORGO SOFTWARE 41,TopFloorStore.com.A)Copyright C 1996-2024 ALL RIGHTS RESERVED 305 page 4 Submitted by: Marsh Waterproofin! 5. FINANCING 5.1 Financial Statement Attached: ❑Yes ® No Audited: ®Yes ❑ No 5.1.1 Attach a financial statement, preferably audited, including your organization's latest balance sheet and income statement showing the following items: Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory and prepaid expenses); Net Fixed Assets; Other Assets; Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries and accrued payroll taxes); Other Liabilities (e.g.,capital, capital stock, authorized and outstanding shares par values, earned surplus and retained earnings). 5.1.2 Name and address of firm preparing attached financial statement. and date thereof: Lenora Krielow CPA Box 793 Jennings LA 70546 PH#337-278-5144 5.1.3 Is the attached financial statement for the identical organization named on page one? YES 5.1.4 If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidary). 5.2 Will the organization whose financial statement is attached act as guarantor of the contract for construction? YES TORGO SOFTWARE TopFloorStore.com Copyright c.1996-2024 ALL RIGHTS RESERVED 305 page 5 Submitted by: Marsh Waterproofing 6. SIGNATURE 6.1 Dated at Vidor TX this 20th day of August, 2024. Name of Organization: Marsh Waterproofing Inc. 240 S Main ST, Suite 2 Vidor TX 77662 /Thef, By: Title: President 6.2 being duly sworn deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading. , President, personally appeared before me, the undersigned notary public, and provided satisfactory evidence of identification to be the person who signed this document in my presence and swore or affirmed to me that the contents of this document are truthful and accurate to the best of his/her knowledge and belief. Subscribed and sworn before me this 20th day of August, 2024. • Notary Public: ' "ALU 1 ," My Commission Expires: NAP 12.10 • Seal Signature: I Q, ) V�h t .S*4Y PVg MICFIELLE NEILL z Notary ID N1 2581 691 9 0 MYCommission Expires '' 0F1 August 25, 2C26 TORGO SOFTWARE'?TopFloorStore.com,5 Copyright 1996-2024 ALL RIGHTS RESERVED 305 page 6 0,...a-err/erAirekje,e, AM 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#409-782-3527 Toll free:1-866-251-0234 Fax#409-769-1682 Email: mwaterproofingCaoLcom Marsh Waterproofing, Inc. Historical Restoration Projects 2023 Pompeii Villa Port Artur Phase I & II 2019 Blue Heron Beach Resort Orlando, FL Merchants Plaza Building Mobile,AL Orange County Courthouse Orange,TX 30' Street Water Station Galveston,TX Vidor Courthouse Vidor,TX October 2018 Community Bank Beaumont,TX August 2018 Sam Houston Regional Library Liberty, TX June 2018 Cameron Parish Courthouse Cameron,LA June 2018 Woodville United Methodist Church Woodville,TX June 2018 Grace Point at Eagle Heights Church Orange,TX May 2018 Universal Weather& Aviation Houston, TX May 2018 C-Spire Ridgeland,MS April 2018 Anahuac Sports Complex Anahuac,TX April 2018 American National insurance Galveston,TX March 2018 1801 O'Connor Family Church Victoria,TX March 2018 John Henry Foster Project St. Louis, MO Feb 2018 New Iberia Parish Courthouse Iberia Parish, LA Feb 2018 Christus St. Elizabeth—Control Tower Beaumont,TX Jan 2018 St. Richard Catholic Church Jackson, MS Dec 2017 Liberty County Courthouse Liberty,TX Dec 2017 Lamar University—Lucas Building Beaumont,TX Oct 2017 SFA Stem Building Nacogdoches,TX Oct 2017 Veterans Affair Building Beaumont,TX Sept 2017 Vanderbilt Residence Inn Nashville,TN Sept 2017 Beaumont Downtown Library Beaumont,TX Sept 2017 Stark Library Orange,TX Aug 2017 Lafayette Parish Judice Middle Lafayette,LA Aug 2017 Energy Museum Beaumont,TX Aug 2017 Fire Station No. 4 Beaumont,TX July 2017 Canton High Canton, MS May 2017 Natchez Federal Courthouse Natchez. MS Feb. 2017 Fredonia Inn Nacogdoches,Texas Dec. 2016 Tyrel Historic Library Beaumont,Texas Oct. 2016 1881 LaGrange Casino Hall LaGrange,Texas Sept. 2016 905 Orleans Street Beaumont,Texas Dec. 2015 Old 1919 Jail San Augustine,Texas March 2014 Robertson County Courthouse Franklin,Texas Jan. 2014 MS State University Lee Hall Restoration Dec. 2013 Robertson County Courthouse & Jail Franklin Texas Jan. 2013 Louisiana State Capitol Baton Rouge, LA June 2012 Market ST Lofts !OF" Galveston,Texas July 2011 Baton Rouge Capitol Annex Baton Rouge, LA Jan. 2011 St. Peter's Catholic Church Jackson,Mississippi Main Sanctuary Jan. 201 1 Christus St. Elizabeth Phelan Mansion Feb. 2011 Johnson's Furniture Nacogdoches,Texas Dec. 2010 Shearn Moody Plaza Galveston,Texas Dec. 2010 Polk County Jail & Judicial Center Livingston,Texas Aug. 2010 City of Nacogdoches,Texas Sterne Hoya a Museum y June 2010 Fondren Presbyterian Church Jackson,Mississippi March 2010 Covenant Presbyterian Church Jackson, Mississippi Oct. 2009 City View Lofts Houston,Texas Sept. 2009 US Navy Base New Orleans, Louisiana June 2009 St. Augustine Co. Courthouse St. Augustine,Texas July 2009 First Presbyterian Crockett Crockett,Texas Mar. 2009 Heritage Center Orange,Texas Sept. 2008 Crawford Building Livingston,TX Sept. 2008 Nacogdoches Co. Courthouse Nacogdoches,TX July 2008 Historic Dow School Houston,Texas April 2008 Willard Hall Law Office Beaumont,Texas March 2008 Kyle Building Beaumont,Texas Jan. 2008 Brian Austin Beaumont,Texas May 2006 Historic Train Depot City of Nacogdoches Other Restoration Projects Carthage ISD-Middle School Carthage Texas St. Augustine Presbyterian Church St. Augustine,Texas First Presbyterian Church Beaumont,Texas Sacred Heart Church Beaumont,Texas St. Joseph's Catholic Church Port Arthur,Texas ds 0///..*e jr019.10, C,P17:40°. Specializing in Building Restoration Physical Address: Mailing Address: 240 South Main St.Suite#2 P.O.Drewer 968 Vidor,TX 77662 Vidor,TX 77670-0968 Ph#409-769-0459 Toll free:1-866-251-0234 Fax#409-769-1682 Email: mwaterproofng@aol.com Marsh Waterproofing, Inc. Historical Preservation Projects 1. Galveston Water& Electric Station 3002 Ball Ave Galveston TX Original Construction Date: Rebuilt in 1904 General Contractor: Ardent Constuction Project Manager: Larry Brown Phone: #713-253-0046 Fax: #888-816-9440 2. Natchez Federal Courthouse—8/1/2016 109 Pearl ST Natchez MS 39120 General Contractor: Witherington Construction—Mobile AL Project Manager: John Salvatore Phone: #251-633-8570 Fax: #251-633-8577 3. Tyrrell Historical Library—3/21/2016 to present 695 Pearl ST, Beaumont TX 77704 Owner: City of Beaumont Project Manager: Jimmy Bevilacqua Phone: #409-880-3792 Fax: #409-833-9332 4. Historical Fredonia Inn— 12/30/2015 to present 200 N Fredonia ST Nacogdoches TX 75961 General Contractor: J.E. Kingham Construction Project Manager: Greg Marroquin Phone: #936-564-7544 Fax: #936-569-7544 5. Stephen FAustin State University—May 2016 to July 2016 Austin Building& Rusk Building General Contractor: J.E. Kingham Construction Project Manager: Ronnie Fleenor Phone: #936-564-7544 Fax: #936-569-7544 6. First Baptist Church Jackson —March 2016 to July 2016 431 N State ST Jackson MS 39201 Phone: #601-949-1900 7. San Augustine County Jail—December 2015 to May 2016 1919 Jail San Augustine TX 75972 Judge Samye Johnson Phone: #936-275-2762 Fax: #936-275-2538 8. Anderson County Courthouse—June 2015 to August 2015 500 N Church ST,Palestine TX 75801 General Contractor: J.E. Kingham Construction Project Manager: John Kingham Phone: #936-564-7544 Fax: #936-569-7544 9. LaGrange Casino Hall Renovation—May 2014 to March 2015 Original Construction Date: 1881 Owner: City of LaGrange 225 North Franklin ST LaGrange TX 78945 General Contractor: Don Kreuger Construction— Victoria Architect: BBA Architects—1702 S Market ST, Brenham TX 800-383-5649 Scope of Work: Exterior Restoration: Cutting& Patching, Bituminious Dampproofing, Joint Sealants, Painting of Exterior, 100% Re pointing,Rebuilding Chimneys and Reanchoring Masonry 10. Robertson County Courthouse Phase II and Phase 111.Ivil—Completed March 2014 Original Construction Date: 1882 Owner: Robertson County 102 E Dechard ST Franklin TX 77856 General Contractor: J.E. Kingham Construction—936-564-3329 Architect: Sinclair& Wright—320 Broadway ST, Tyler TX 75702 903-595-2656 Scope of Work: Masonry Restoration: Historic Limestone, Repointing Historic Masonry, Patching Cracks in Limestone Masonry, & Chimney Tuckpointing 11. Port Arthur Savings Building Renovation—March 2014 to Present Original Construction Date: unknown Owner: Pt.Arthur Economic Development Corp. 4173 39th ST Port Arthur TX 77642 General Contractor: SpawGlass—281-970-5300 Architect: Haddon & Cowan Architects Ph #512-374-9120 Scope of Work: Masonry Restoration: Cleaning, Mortar Testing, Repointing, Reset Stone Masonry and Decorative Masonry Repair 12. Mississippi State University—Lee Hall Renovation Completed Jan uag 2014 Original Construction Date: 1909 Owner: Mississippi Bureau of Building& Grounds 501 N West ST Jackson MS 39201 General Contractor: West Brothers Construction—PH#662-328-2438 Architect: Dale&Associates—Ph #601-352-5362 Scope of Work: Masonry Restoration: Cleaning, Repointing,Stone Masonry, Roofing, & Caulking. 13. Louisiana State Capitol Building—January 2013 Original Construction Date: 1930 Original Architect: Weiss, Dreyfous & Seiferth Owner: State of Louisiana Scope of Work: Waterproofing of 26th and 27th Floor 14. Market Street Lofts—Galveston Completed June 2012 Original Construction Date: 1874 Owner: Market ST Lofts Owners Association 1703 Broadway ST Galveston TX 77550 Scope of Work: Plaster Repair& Elastomeric Coating 15. Baton Rouge Capitol Annex Building—Completed July 2011 Original Construction Date: 1937 Owner: State of Louisiana Box 9405 Baton Rouge IA 70804 Architect: Houston J Lirette—Phone #985-851-1484 Scope of Work: Waterproofing: Masonry Restoration, Stone Restoration, Water Repellants, Joint Sealants, Painting& Coating 16. Cathedral of St. Peter the Apostle Catholic Church-Completed January 2011 Original Construction Date: 1900 Owner: Catholic Diocese of Jackson—Phone#601-969-1880 237 East Amite Jackson MS 39225 Scope of Work: Exterior Restoration: Masonry Restoration, Pointing, Caulking, Painting& Wood Restoration 17. Christus St Elizabeth —Phelan Mansion Original Construction Date: 1928 Original Architect: Owen James Trainor South well Owner: Christus St. Elizabeth 2830 Calder Ave Beaumont TX 77702 Scope of Work: Exterior Restoration: Cleaning, Tuckpointing, Masonry Repairs, Patching, Caulking, Mask Grouting, Door& Window Frame Repairs & Transparent Waterproofing. 18. Shearn Moody Plaza—December 2010 Original Construction Date: 1931 Original Architect: E.A. Harrison Owner: Moody Foundation 123 25'h ST Galveston TX 77550 General Contractor: Rismiller Construction Galveston, TX 77550 Scope of Work: Exterior Restoration—Cleaning, Masonry Restoration, Terra Cotta & Brick Repair, Overall Grouting, Caulking of Control& Expansion Joints, Lintel Repairs, Door& Window Frame Caulking and Glazing, & Elastomeric Coating 19. Polk County Judicial Center—December 2010 Owner: Polk County General Contractor: J.E. Kingham Construction Phone#936-564-3329 Scope of Work: Masonry Restoration EXHIBIT "B" t will '111", The LaBiche ARCHITECTURAL GROUP, INC. Dohn H.LaBiche,FAIA January 9, 2025 Principal Greg Wall,AIA Principal Mr. Ron Burton,City Manager City of Port Arthur 7999 Gladys Avenue, 3401 Culture Ctr. Dr. Suite 101 Port Arthur,Texas 77642 Beaumont,Texas 77706 (409)860-0197 Re: Exterior Restoration to the Woodworth House(Rose Hill Phase IV) Fax:(409)860-0198 www.labiche.com Dear Mr. Burton: Upon examination of the bids received on August 21, 2024, for the above referenced ARCHITECTURE project, we have determined Marsh Waterproofing of Vidor, Texas to be the low bidder for your project. PROJECT CONSULTING As of December 23, 2024, Marsh Waterproofing has submitted a revised proposal to the original bid on August 21, 2024. We have examined their revised proposal and Bid PLANNING documents. It is our suggestion that the contract be awarded to Marsh Waterproofing at the revised amount of Three Hundred Seventy-Five Thousand Dollars and Zero Cents ($375,000.00). We have past experience in working with this company and have INTERIOR experienced successful working relationships in the past. DESIGN Upon your approval we will begin to gather the required documents: Payment & Performance Bonds, Schedule of Values, Insurance, work schedule, etc. Upon receiving these documents from the Contractor, we will issue a Notice to Proceed. We look forward to beginning this project and working with the City of Port Arthur and their staff. If there are any questions or you need further information, please notify my office. Sincerely, E*�u."10 ,i, Art . 1�n CC, i i,—I Dohn H. LaBiche, FAIA (S,'4, '� DHL/bo +1%11592_,'+ -r 'QTF OF > APPROVAL Name(print): Ron Burton,City Manager Signature: Date: C-9/‘/Zd 0//gr.,1e5.-10,19541," C.-FAO.. • 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 Toll free:1-866-251-0234 Fax#409-769-1682 Email: Office@Marshwaterproofing.com December 23,2024 Attn: Labiche Architectural Group RE: Rose Hill Manor Our recommendations and specifications are based on the information received from your engineer or representative. We will furnish at the above building, all labor,materials,tools, equipment, supervision, Workmen's Compensation, Public Liability and Property Damage Insurance necessary to complete in a thoroughly workmanlike manner all the work described below: Scope of Work: Exterior Renovation • Scope Includes all column repair/replacement per plans. • All scope of work annotated on plans by Marsh Waterproofing on the South elevation of the building. Base Bid: $335,000.00 Plus applicable taxes Contigency: $40,000.00 Total Price: $375,000.00 Respectfully Submitted, ru-n.Marsh. President Marsh Waterproofing,Inc. Acceptance Signature&Date: NOTES—THIS PROPOSAL IS ONLY VALID FOR 30 DAYS • If needed, Owner to furnish two(2) 110-volt amp outlets and one(1)220 volt 50-amp single phase outlet and connect contractors power cord as supplied by contractor. • If needed, Owner to furnish cold water at spigot in work area. • If needed, Owner will cooperate with contractor in moving cars, etc. to minimize the risk of overspray. • This proposal does not include any asbestos removal, encapsulation, or disposal of the same. • We are not responsible for the relocation or covering of any product or production areas that could get damaged by dust, dirt, falling deck or water during the project. • If needed, Owner will furnish interior and exterior storage area,parking space for trucks and storage trailers. • If needed, Owner to move all non-permanently mounted items away from surfaces to be treated. • If needed, Owner to cut back any existing landscaping a minimum of two feet away from the building prior to work commencing if needed. • The scope of work under this contract expressly does NOT include investigation, detection, abatement,replacement, removal or detoxification of and Hazardous Environmental Condition. • "Hazardous Environmental Condition"means any type or form of asbestos, lead or fungus, including mildew,mold,rot,rust,mycotoxins, spores, scents or byproducts produced or released by fungi. • Our quote is based on the fact that this specification meets your insurance company approval and local code approval. 0. 3rv:N YY x y- , R. 70 0 1 k r �. � � Cn TI 7CI = m = D �" C m F W — < E _, . , . , ,i....mpr , , __ _1 . .,. , ,, , - , , , ... ....,,,..4} m D k v D _ Z Z w o 0 s . 71 4:S.'" -. 4p 4 r. i i ti ti k • 3% r G p 3_ pl t, /7 1 (pqa) ~i�g :.;,4T Leis tic ;bt64-�'b-b g1 iJoyl b F m A 11 g9 q € I s i + gv m 8<1m "C ggp iM'Aiim 9a p i le� a it-. 0- $ €-,§1c _ g 6a III - ,gg3 ,.ygq F o FB A z ,l9 7� m a e D O �E 2 � �� =iti1 a o 5 P?gg o E. o 5 m R a g 21 .1 0 ;ii 14 E - 3S r11— Willi , i1 THE Poo is I 1y E y I Q n ARCHITECTURAL -"' AD; r+�y 9 } a`yi'T,t� Am R p S s e O + m ROSE HILL MANOR-PHASE IV _ 1 s GROUP,INC. ty ���5> Its l� Isi� ® . 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Oil ' iiill'iAi ii 0 i i ' > 1 i 4,1ili hoildimillg If qh I r-- ' 14i1 ; "PigiEilati -1 4.i, , Z i h fir: ;labi,q1:4 11 i,! 1 —4 1 0. pti: I 0155tIggian, g if i - : m x; 3iri i wiplotpii g q t Co !Oli , a — i• 7,115 i=:": 1 s w ..: - i i i 1 1 IMP m a;-e F i IFI4 -I x -Ti ,.., ,,, iri P i ,,_ I i I! 1 I 0 i 3=== 1 e iel 9 111 i 1 IN 4- ip i --- ilr, ) o - f; LT , Ili m hi 1!:D) 0 ' -i-,' ig rlia. 1l , z . r-1 ' , c,- o -,. rn 4, 138; Infl i ul! n, i .1, 1 NihiT, 1 , ip T ilia i'' X f ifil g t. "g E4/4 i!li,I. iM 1,44 6r11 OP 1 I li I i - 1 , !! 111 Fl i t T kal 1 , 5 i ., i 1 . rn j 1 I - a 1 ei.” THE . :wed wane=nwakr.romo. LASICHE ftIONE rdosi..¢.1., Ji ROSE HILL MANOR PI-IASE IV w . .f 04 z EilliaMiliiMUWIP -.. 11, Document A101 - 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Nineth day of January in the year Two Thousand Twenty-Five (in words,indicate day,month and year.) BETWEEN the Owner: (Name,legal status, address and other information) This document has Important legal consequences.Consultation The City of Port Arthur with an attorney 3401 Culture Ctr.Dr. is encouraged with respect to Port Arthur,Texas 77642 its completion or modification. The parties should complete A1018-2017,Exhibit A, and the Contractor: Insurance and Bonds, con(Name, legal status,address and other information) Agreement. AIA sly ith This AIA Document Inc. A2010-2017,General Conditions Marsh Wateromoling of the Contract for Construction, 1 240 South Main St. is adopted in this document by Suite#2 reference.Do not use with other Vidor,Texas 77662 general conditions unless this document is modified. for the following Project: (Name,location and detailed description) Rose Hill-Phase IV Exterior Restoration of Rose Hill The Architect: (Name, legal status,address and other information) fhe l.aBiche Architectural Group,Inc. Dohn I I.LaBiche.FAIA 7999 Gladys Ave, uitc 101 Beaumont,Texas 77706 The Owner and Contractor agree as follows. • • Init AIA Document A101—2017 Copyright CI 1915,1918,1925,1937,1951,1958,1981.1953,1987,1974,1977,1987,1991,1997,2007 and 2017.All rights reserved "The American Institute of Architects,"American Institute of Architects;'AIA,"the AIA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 17:48:31 ET on 01/99/2025 under Order No.2114507504 which aspires on 0210612025,is not for resale,is licensed for ono-lime use only,and may only be used in accordance with the AIA Contract Documemse Terms of Service.To report copyright violations, e-malt docinfoatsiacontracts.com. User Notes; (1345742707) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION • 7 TERMINATION OR SUSPENSION B MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary,and other Conditions),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement,and Modifications issued after execution of this Agreement,all of which form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations,or agreements, either written or oral.An enumeration of the Contract Documents,other than a Modification,appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents,except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ ] The date of this Agreement. [ X ] A date set forth in a notice to proceed issued by the Owner. [ Established as follows: (Insert a date or a means to determine the date of commencement of the Work) If a date of commencement of the Work is not selected,then the date of commencement shall be the date of this • Agreement. § 3.2 The Contract Time shall be measured from the date of commencement of the Work. § 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents,the Contractor shalt achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information.) Init. AIA Document A101—2017.Copyright 45 1915,1918,1925,1937,1951,1958,1981,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.Al!rights reserved.'The American Institute of Architects,'American Institute of Architects;'AIA;the AIA Logo,end"AIA Contract Documents'are trademarks of The 2 American Institute of Architects.This document was produced at 17:48:31 ET on 01/09/2025 under Order No.2114507504 which expires on 02105 2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the MA Contract Documents•Terms of Service.To report copyright violations. e•mal doe info@aiacantracts mm. User Notes: (1345742707) [ Not later than One Hundred Twenty ( 120 )calendar days from the date of commencement of the Work. [ I By the following date: § 331 Subject to adjustments of the Contract Time as provided in the Contract Documents,if portions of the Work are to be completed prior to Substantial Completion of the entire Work,the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date § 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3,liquidated damages,if any,shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be Three Hundred Seventy Five Thousand Dollars and Zero Cents ($ 375.000.00 ),subject to additions and deductions as provided in the Contract Documents. § 4.2 Alternates § 4.2.1 Alternates,if any,included in the Contract Sum: item Price § 4,2.2 Subject to the conditions noted below,the following alternates may be accepted by the Owner following execution of this Agreement.Upon acceptance,the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price Conditions for Acceptance § 4.3 Allowances,if any,included in the Contract Sum: (Identify each allowance.) Item Price § 4.4 Unit prices,if any: (Identify the item and state the unit price and quantity limitations,if any,to which the unit price will be applicable.) Item Units and Limitations Price per Unit($0.00) § 4.5 Liquidated damages,if any: (Insert terms and conditions for liquidated damages,if any.) It is hereby agreed between both parties to this contract that the amount of said damages are hereby ascertained and liquidated at the greater of two hundred dollars($200.001 per clay of delay,or the actual measurable damages to the Owner including penalties,or other fees which may be charged to the Owner for failure to meet the • time requirements.The Contractor hereby agrees to Day the stated sum to the Owner for each and every day of delinquency. § 4,6 Other: • (Insert provisions for bonus or other incentives, if any,that might result in a change to the Contract Sum.) • In It AIA DocumentA101—2017 Copyright a 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,19a7,1991,1997,2007 and 2017.All rights • reserved."The American Institute of Architects,'"American Institute of Architects," AIA,'the AIA Logo,and'ALA Contract Documents'are trademarks of The 3 American Institute of Architects.This document was produced at 17:48:31 ET on 01/09/2025 under Order No•2114507504 which expires an 02106/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documental Terris of Service.To report copyright violations, e-mail doclnfo@aieconlracts.com • User Notes: (1345742707) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the fifteenth day of a month,the Owner shall make payment of the amount certified to the Contractor not later than the fifteenth day of the following month.If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than thirty ( 30 days after the Architect receives the Application for Payment. (Federal,state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.The schedule of values shall be prepared in such form,and supported by such data to substantiate its accuracy,as the Architect may require.This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 In accordance with AIA Document A2017A0-2017,General Conditions of the Contract for Construction,and subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: § 5.1.6.1 The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; .2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction,or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing;and ,3 That portion of Construction Change Directives that the Architect determines,in the Architect's professional judgment,to be reasonably justified. § 5.1.6.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner, .2 The amount,if any,for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201•-2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application,any amount for which the Architect may withhold payment,or nullify a Certificate of Payment in whole or in part,as provided in Article 9 of AIA Document A201-2017;and .5 Retainage withheld pursuant to Section 5.1.7. § 5.1.7 Retainage § 5.1,7.1 For each progress payment made prior to Substantial Completion of the Work,the Owner may withhold the following amount,as retainage,from the payment otherwise due: ; (Insert a percentage or amount to be withheld as retainage from each application for Payment. The amount of retainage may be limited by governing law.) • In it. AIA Document A101—2017.Copyright C 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1967,1991,1997,2007 end 2017.All rights reamed.'The American Institute of Architects,"'American Institute of Architects,"AlA,'the AR Logo,and WA Contract Documents'are trademarks of The 4 American Institute of Architects.This document was produced at 17:48:31 E7 on 01/09/2025 under Order No.2114507504 which expires on 0210 612 0 2 5,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 docInfo©aamntracts.com. User Notes: (1345742707) Five Percent(5%) § 5.1.7.1.1 The following items arc not subject to retainage: (Insert any items not subject to the withholding of retainage,such as general conditions,insurance,etc.) § 5.1.7.2 Reduction or limitation of rctainage,if any,shall be as follows: (If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2,insert provisions for such modifications.) § 5.1.7.3 Except as set forth in this Section 5.1.7.3,upon Substantial Completion of the Work,the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1,7.The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage upon Substantial Completion.) § 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor,the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201-2017. § 5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 Final Payment § 5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the 11 Contractor when ,1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Article 12 of AIA Document A201--2017,and to satisfy other requirements,if any, which extend beyond final payment;and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: § 5.3 interest Payments due and unpaid under the Contract shall hear interest from the date payment is due at the rate stated below, or in the absence thereof;at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon,if any.) 0 % Zero Percent per Annum ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201-2017,unless the parties appoint below another individual,not a party to this Agreement,to serve as the Initial Decision Maker. (If the parties mutually agree,insert the name,address and other contact information of the Initial Decision Maker,if other than the Architect.) Init. AIA Document A101—2017.Copyright O 1915,1918.1925,1937,1951,1956,1961,1063,1967,1974,1977,1967,1991,1997,2007 and 2017.All rights reserved 'The American Institute of Archileds,'"American Institute of Architects,'AIA,the AIA Logo.and'AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 17:48:31 ET on 01/09/2025 under Order No.2114507504 which expires on 02/06/2025,is not for resale,Is licensed for one-time use only,and may only be used In accordance with the AIA Contract Documentse Terms of Service.To report copyright violations, e-mail dcclnfo@aiaccntracts.com. User Noteat (1345742707) § 6.2 Binding Dispute Resolution For any Claim subject to,but not resolved by,mediation pursuant to Article 15 of AIA Document A201-2017,the method of binding dispute resolution shall be as follows: (Check the appropriate box) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2017 [ Ll Litigation in a court of competent jurisdiction [ ] Other(Specify) If the Owner and Contractor do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation,Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201--2017. § 7.1.1 If the Contract is terminated for the Owner's convenience in accordance with Article 14 of AIA Document A201-2017,then the Owner shall pay the Contractor a termination fee as follows: (Insert the amount of or method for determining,the fee,ifany,payable io the Contractor followinga termination for the Owner's convenience) § 7,2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2017 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 The Owner's representative: (Name, address, email address,and other information) ++ Ron Burton,City Manager City of fort Arthur 3401 Culture Ctr.Dr. Port Arthur.Texas 77610 ron.burton(a?portarthurtx.gov § 8.3 The Contractor's representative: (Name,address,email address,and other information) 'Tim Marsh.President Marsh Waterproofing,Inc. 240 South Main St. Suite#2 Vidor.'i'exas 77662 office a marshwatcrproofing,com In1t NA Document A101—2017.Copyright O 1915,1910,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights reserved.'The American Institute of Architects,*'American Institute of Architects,""AIA:the AIA Logo,and'AIA Contract Documents'era trademarks of The 6 American Institute of Architects.This document was produced at 17:48:31 ET on 0110912025 under Order No.2114507504 which expires on 02/0612025,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-mat doclnfo@aiacontrects.cont. User Notes: (1345742707) 409-769-0459 § 8.4 Neither the Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the other party. § 8.5 Insurance and Bonds I+I § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A 101TM-2017,Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum,Exhibit A,Insurance and Bonds,and elsewhere in the Contract Documents. § 8.5.2 The Contractor shall provide bonds as set forth in AIA Document A 101TM-2017 Exhibit A,and elsewhere in the Contract Documents. § 8.6 Notice in electronic format,pursuant to Article 1 of AIA Document A201-2017,may be given in accordance with a building information modeling exhibit,if completed,or as otherwise set forth below: (If other than in accordance with a building information modeling exhibit,insert requirements for delivering notice in electronic format such as name,title,and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission) E( § 8.7 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: .1 ALA Document A10tTM-2017,Standard Form of Agreement Between Owner and Contractor .2 ,M,4-Document A l 011 20 ,,Exhibit A,insurance and Bonds-Supplementary General Conditions .3 AIA Document A201" -2017,General Conditions of the Contract for Construction .4--14.1ildiag-i+tfwr+nation-rn eIing exxhibiti-clated-as-indieated-below (lnserf the-tiatenf tare-bnikiitlg-i►+fewnc,Lien-inoc eling-twhibit-ineoPporaled-into this,1greentent. .5 Drawings Number Title Date Exhibit I3 Index of Drawings 06.07.2024 .6 Specifications Section Title Date Pages Exhibit C Table of Contents 06.07.2024 2 • .7 Addenda,if any: • Number Date Pages N� Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. .8 Other-I:xi3ilsitet (F.heck-ali-boxes-tiuthapply-amcbinelnde-appFet iertie-,infomnatiurr+dentifying-thc cxhibivwhere required-) [-3—A4A-Dtteunient I.i204114 2017,Sustaiftahle-Projectsbit sated-as-indieated-below; Init. ALA Document A101—2017 Copyright a 1915,1918,1925,1937,1951,1958,1981.1963,1967.1974,1977,1987,1991,1997.2007 and 2017 All fights reserved.°The American Institute of Architects,"American Institute of Architects"AIA;the AIA Logo,and"AIA Contract Documents"are trademarks of The 7 American Institute of Architects.This document was produced at 17:48:31 ET on 011D912025 under Order No.21 1 450 75 64 which expires on 02t0612025,is not for resale,is licensed for one-time use only,and may orgy be used in accordance with the ALA Contract Documents•Terms of Service.To report copyright violations, e-mad docinfolaaiacontracts.com, User Notes: (1345742707) (lesser!-the-date-Q%fhe-1s20-1-2t)l7 iner rporai'd-+nttrthis-.FKreemenh4 [ ] The Sustainability Plan: Title Date Pages [ j Supplementary and other Conditions of the Contract: Document Title Date Pages Exhibit D Supplementary General 06.07.24 7 Conditions .9 Other documents,if any,listed below: (List here any additional documents that are intended to form part of the Contract Documents.AiA Document A201TM-2017 provides that the advertisement or invitation to bid,Instructions to Bidders, sample forms, the Contractor's bid or proposal,portions of Addenda relating to bidding or proposal requirements,and other information furnished by the Owner in anticipation of receiving bids or proposals,are not part of the Contract Documents unless enumerated in this Agreement.Any such documents should he listed here only if intended to be part of the Contract Documents.) Exhibit 1?—Revised Marsh Waterproofing. Inc Proposal dated 12/23/2024 This Agreement entered into as of the day and year first written above. ://dy OWNER(Signature) CONTRACTOR( ignat e) Ron 13urton City Manager Tim Marsh President (Printed name and title) (Printed name and title) The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as architects in Texas Texas Board of Architectural Examiners P.O.Box 12337 Austin,TX 78 71 1-233 7 Telephone: (512)305.9000/Fax: (512)305-8900 Init. AIA Document A101-2017 Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights reserved 'The American Institute of Architects,""American Institute of Architects,''AIA,"the AIA Logo,and'AIA Contract Documents"are trademarks of The 8 American Institute of Architects.This document was produced al 17:48:31 ET on 01/09/2025 under Order No 2114507504 which expires on 02/06/2025,is riot for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents'a Terms of Service To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1345742707) EXHIBIT A INSURANCE Article 11 —Insurance Add: 11.1.1.1 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: A. Premises Operations(including S, C, and U coverages as applicable) B. Independent Contractor's Protective. C. Products and Completed Operations. D. Personal Injury Liability with Employment Exclusion deleted. E. Contractual, including specified provision for Contractor's obligation under Paragraph 3.18. F. Owned, non-owned and hired motor vehicles. G. Broad Form Property Damage including Completed Operations. 11.1.1.2 If the General Liability coverages are provided by a Commercial General Liability Policy on a claims-made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment, certified in accordance with Subparagraph 9.10.2. 11.1.4 The insurance required by Subparagraph 11.1.5 shall be written for not less than the following limits, or greater if required by law: INSURANCE SECTION A. Prior to the approval of this contract CONTRACTOR shall furnish a completed Insurance Certificate to the Owner. The certificate shall be completed by an agent authorized to bind the named underwriter(s)to the coverages, limits, and termination provisions shown thereon, and shall furnish and contain all required information referenced or indicated thereon. CITY OF PORT ARTHUR,TEXAS SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE IS RECEIVED BY THE OWNER, and no officer or employee of CITY OF PORT ARTHUR,TEXAS shall have authority to waive this requirement. INSURANCE COVERAGE REQUIRED SECTION B. CITY OF PORT ARTHUR,TEXAS reserves the right to review the insurance requirements of this section during the effective period of the contract and to adjust insurance coverages and their limits when deemed necessary and prudent by the Owner based upon changes in statutory law, court decisions, or the claims history of the industry as well as the CONTRACTOR. SECTION C. Subject to CONTRACTOR'S right to maintain reasonable deductibles in such amounts as are approved by the Owner, CONTRACTOR shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at CONTRACTOR'S sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the Owner, in the following type(s)and amount(s): TYPE OF COVERAGE LIMITS OF LIABILITY INSURANCE 1 of 4 • EXHIBIT A I INSURANCE 1. Workmen's Compensation Statutory 2. Employer's Liability $500,000/$500,000/$500,000 3. Comprehensive General Liability a. General Aggregate $2,000,000 b. ProductslCompleted Operations $2,000,000 c. Personal Injury and Advertising $1,000,000 d. Each Occurrence $1,000,000 4_ Comprehensive Automobile Liability (Including hired and non-owned) $1,000,000 5. Owner's and Contractors Protective Liability a. Each Occurrence $1,000,000 b. Aggregate $1,000,000 6, Builder's Risk Insurance Supplied by Owner 7. Umbrella "All Risk" $2,000,000 The Contractor shall obtain at his expense Builder's Risk Insurance against the perils of fire, lighting, windstorm, hurricane, hail, explosion, riot, civil commotion, smoke,aircraft, land vehicles, vandalism and malicious mischief in the amount of insurance equal at all times to the insurable value of materials delivered and labor performed. The policy issued in the name of the Contractor shall also name his Subcontractors and the Owner as additional insured, as their respective interests may appear. The policy shall have endorsements as follows: "This insurance shall be specific as to coverage and not considered as contributing insurance with any permanent insurance maintained on the present premises." All costs for the above specified insurance shall be borne by the Contractor. Insurance Requirement Affidavit shall be submitted with bid. The Contractor shall require all subcontractors engaged to do work in connection with this contract to carry Public Liability and Property Damage Insurance in amounts not less than specified above. ADDITIONAL POLICY ENDORSEMENTS OWNER shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms,conditions, limitation, or exclusions(except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by OWNER, CONTRACTOR shall exercise reasonable efforts to accomplish such changes in policy coverage, and shall pay the cost thereof. REQUIRED PROVISIONS CONTRACTOR agrees with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its • attachment, the following required provisions. • INSURANCE 2 of 4 i{I EXHIBIT A INSURANCE 1. CITY OF PORT ARTHUR, TEXAS, and its officers. employees, and elected representatives as additional insured(s), (as the interest of each insured may appear) to all applicable coverage; • 2. Provide 15 days notice to the Owner for cancellation, non-renewal, or material change; 3. Provide for an endorsement that the"other insurance"clause shall not apply to the Owner where Owner is an additional insured shown on the policy; 4. Provide for notice to the Owner at the address shown below by registered mail; 5. CONTRACTOR agrees to waive subrogation against the Owner, its officers, employees, and representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance. 6. Provide that all provisions of this agreement concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 7. For coverage that are only available with claims made policies,the required period of coverage will be determined by the following formula: continuous coverage for the life of the contract, plus one year(to provide coverage for the warranty period) and an extended discovery period for a minimum of five years which shall begin at the end of the warranty period. NOTICES CONTRACTOR shall notify Owner in the event of any change in coverage and shall give such notices not less than 15 days prior to the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to The Owner at the following address: CITY OF PORT ARTHUR,TEXAS P.O. Box 1089 Port Arthur,TX 77641 SECTION D. INDEMNIFICATION. The CONTRACTOR agrees to indemnify and save harmless the Owner from any and all claims, causes of action, and damages of every kind, for injury to or death of any person and damages to property arising out of the construction of said improvements or the operations embraced by this contract, and including acts or omissions of the Owner in connection with said construction. SECTION E. Approval,disapproval, or failure to act by the Owner regarding any insurance supplied by CONTRACTOR shall not relieve CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate CONTRACTOR from liability. Bidders shall adhere to all requirements under this section. No variances from these requirements will be accepted by the Owner. • INSURANCE 3 of 4 EXHIBIT A INSURANCE General contractor shall be required to certify that all subcontractors comply with the Workmen's Compensation requirements and shall be required to notify the owner of any changes in a subcontractors insurance during construction. 11.1.2 Add the following sentence: If this insurance is written on the Comprehensive General Liability policy form, the Certificates shall be AIA Document G705, Certificate of Insurance. If this insurance is written on a Commercial General Liability policy form,ACORD form 25S will be acceptable. 11.2 Owner's Liability Insurance 11.2,1 Change Subparagraph 11.2.1 to read:• The Contractor shall purchase and maintain insurance covering the Owner's contingent liability for claims which may arise from operations under the Contract. This insurance shall be the same limits as stated in 11.1.6.2 above and shall be issued in the name of the Owner and the Architect. { { INSURANCE 4 of 4 EXHIBIT B HISTORIC REHABILITATION OF ROSE HILL MANOR PHASE IV CITY OF PORT ARTHUR, TEXAS INDEX OF DRAWINGS ARCHITECTURAL A0.0 COVER SHEET A1.0 FIRST FLOOR PLAN A1.1 SECOND FLOOR PLAN A2.0 WINDOW SCHEDULE AND DETAILS A2.1 COLUMN DETAILS A2.2 DETAILS A3.0 EXTERIOR ELEVATIONS A3.1 EXTERIOR ELEVATIONS A4.0 FIRST FLOOR REFLECTED CEILING PLAN A4.1 SECOND FLOOR REFLECTED CEILING PLAN STRUCTURAL S1 STRUCTURAL FRAMING PLAN AND DETAILS END OF INDEX OF DRAWINGS • i4 q9t'' , i"'O !\ S';1 TTV 'i iW jam .-_ I 1.y��tii t;, 9p W/Z* INDEX OF DRAWINGS 1 of 1 EXHIBIT C HISTORIC REHABILITATION OF ROSE HILL MANOR—PHASE IV CITY OF PORT ARTHUR, TEXAS TABLE OF CONTENTS i [Division Section Title Pages BIDDING REQUIREMENTS LEGAL NOTICE INVITATION TO BID INSTRUCTIONS TO BIDDERS PROPOSAL FORM AGREEMENT BETWEEN OWNER AND CONTRACT9R(AIA/A101 —2007) GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION (AIAIA201 —2007) SUPPLEMENTARY GENERAL CONDITIONS PAYMENT BOND PERFORMANCE BOND BID BOND c[tE Aq�c(r�I INDEX OF DRAWINGS 000497 GENERAL CONTRACTOR QUALIFICATION STATEMENT "'o � rn c?'i0 1JJs_:� 1101. 000498 SUBCONTRACTOR QUALIFICATION STATEMENT ;�, 1- 000499 CONTRACTOR EVALUATION a� , , )j 1 000650 WAGE RATE DECISION— BACON DAVIS ;',�T't 592 SPECIFICATIONS GROUP General Requirements Subgroup DIVISION 01 —GENERAL REQUIREMENTS 177 010100 SUMMARY OF WORK 4 010300 SPECIAL CONDITIONS 3 010410 PROJECT COORDINATION 2 010450 CUTTING AND PATCHING 4 010900 REFERENCE STANDARDS 2 011200 ALTERATION PROJECT PROCEDURES 3 012100 ALLOWANCES 3 012500 SUBSTITUTION PROCEDURES 4 012600 CONTRACT MODIFICATION PROCEDURES 3 012900 PAYMENT PROCEDURES 4 013100 PROJECT MANAGEMENT AND COORDINATION 7 • 013200 CONSTRUCTION PROGRESS DOCUMENTATION 5 013300 SUBMITTAL PROCEDURES 10 014000 QUALITY REQUIREMENTS 7 • 014200 REFERENCES 13 015000 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 4 016000 MATERIAL AND EQUIPMENT 3 017300 EXECUTION 5 017419 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 2 017700 CLOSEOUT PROCEDURES 5 017823 OPERATION AND MAINTENANCE DATA 5 017839 PROJECT RECORD DOCUMENTS 4 019000 THE SEC. OF THE INTERIORS STANDARD FOR REHABILITATION 1 TABLE OF CONTENTS 1 OF 2 • HISTORIC REHABILITATION OF ROSE HILL MANOR-PHASE IV CITY OF PORT ARTHUR, TEXAS Facility Construction Subgroup DIVISION 02 -SITE CONSTRUCTION 022210 SELECTIVE DEMOLITION 3 DIVISION 03-CONCRETE NOT APPLICABLE DIVISION 04-MASONRY NOT APPLICABLE DIVISION 05- METALS ED A 'i+., DIVISION 06-WOOD AND PLASTICS 062000 FINISH CARPENTRY ,o i + ti':,m t 4 ( - mi1n., r, DIVISION 07-THERMAL AND MOISTURE PROTECTION '•Y. %r • .' • } �)''r,. 2 :•%Q::•� 071416 COLD FLUID-APPLIED WATERPROOFING , 9 .. 15; 4 076200 FLASHING AND SHEET METAL j 8 079200 JOINT SEALANTS 4 DIVISION 08 - DOORS AND WINDOWS 085500 HISTORIC WOOD WINDOW REHABILITATION /7 Z7 3 087000 FINISH HARDWARE FOR HISTORIC WOOD WINDOWS 3 088000 GLASS AND GLAZING 2 DIVISION 09- FINISHES 090190 PAINT AND GRAFFITI REMOVERS AND CLEANING SOLUTIONS 6 099113 EXTERIOR PAINTING 8 099123 INTERIOR PAINTING 24 09 EXTERIOR PAINT AND FINISH ANALYSIS 36 DIVISION 10-33 NOT APPLICABLE END OF TABLE OF CONTENTS { TABLE OF CONTENTS 2 OF 2 • EXHIBIT D HISTORIC REHABILITATION OF ROSE HILL MANOR—PHASE IV CITY OF PORT ARTHUR, TEXAS SUPPLEMENTARY GENERAL CONDITIONS THE GENERAL CONDITIONS: The General Conditions of this Contract is the American Institute of Architects' Document A-201, "General Conditions of the Contract for Construction", 2007 Addition, hereinafter referred to as the "AIA General Conditions", a copy of which is bound herein. THE SUPPLEMENTARY GENERAL CONDITIONS: The Supplementary General Conditions contain changes and interpretations of the AIA General Conditions. Where any part of the AIA General Conditions is modified or voided by the Supplementary General Conditions, the unaltered provisions shall remain in effect. CHANGES AND ADDITIONS TO OR INTERPRETATIONS OF VARIOUS ARTICLES OF THE AIA GENERAL CONDITIONS ARE AS FOLLOWS: Article 1 —General Provisions Revise the first sentence of Subparagraph 1.1.1: 1.1.1 The Contract Documents consist of the Owner-Contractor Agreement, Conditions of the Contract(General and Supplementary), Performance Bond, Payment Bond, the Drawings, the Specifications, all Addenda issued prior to execution of the Contract, and all Modifications thereto. Article 2—Owner Add: 2.1.1 The Owner is: CITY OF PORT ARTHUR, TEXAS P.O. Box 1089 Port Arthur, TX 77641 Article 4—Architect Add: 4.1.1 The term Architect refers to The LaBiche Architectural Group, Inc., 7999 Gladys Avenue, Suite 101, Beaumont, Texas 77706, acting individually or through any of their associates or representatives duly authorized to act for them. Article 5— Subcontractors • Add the following sentence to Subparagraph 5.2.4: • The Architect's and Owner's approval or disapproval of any subcontractor does not relieve Contractor of his responsibility for the performance of the work, nor will the approval of a particular subcontractor be construed as approval of any particular process or material. • • SUPPLEMENTARY GENERAL CONDITIONS 1 of 7 • • • • • HISTORIC REHABILITATION OF ROSE HILL MANOR— PHASE IV CITY OF PORT ARTHUR, TEXAS Article 7—Changes in the Work Add the following to Subparagraph 7.1,1: in giving instructions to the Contractor, the Architect shall have authority to make minor changes in the work, not involving revisions in the amount of the Contract. Otherwise, except in emergencies endangering life or property, extra work or changes shall be made only in pursuance of written orders signed by the Owner; and claims for additions to the Contract Sum shall not be valid unless so ordered. Add the following Subparagraph 7,2.3: Changes involving revision of the Contract Price shall be effected only on standard forms provided by Architect. The manner of computing adjustments in the Contract Price shall rigidly conform to the following provisions: 7.2.3.1 The Contractor shall furnish an itemized breakdown of the quantities and prices used in computing the value of any change requested. 7.2.3.2 Changes which involve additional cost shall be computed on a basis of actual net cost plus fifteen percent(15%) for overhead and profit. Changes which involve deductions from the Contract Sum shall be calculated on a basis of net cost only. In all case, the Owner will recognize only the Prime Contractor as the party responsible for the change. The Owner and/or Architect reserves the right to require original manifests, bills of lading and proofs of payment for any or all material, labor, appliances and services which enter into the actual net cost of changes in the work. 7.2.3.3 The cost may include all items of labor, materials, special equipment, Worker's Compensation Insurance, Social Security, Old Age and Unemployment Insurance. Among the items considered as overhead are insurance, other than those mentioned above, bond premiums, superintendent, timekeeper, clerks, watchmen, use of small tools, and general office expense. 7.2.3.4 In the case of work done by subcontract, the 15%compensation shall be divided F between the Contractor and the subcontractor,with 5% being retained by the Contractor and 10%allowed to the Subcontractor. 7.2.3.5 Any claim for extension of time in connection with extra work will be adjusted at the time of ordering such change. 7.2.3.6 Measurements and payments for contracted unit price work: All measurements and payments for unit price work shall be based on completed work performed in strict accordance with the drawings and specifications and on the contract unit price amounts. Article 11 —Insurance Add: 11.1.1.1 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: A. Premises Operations (including S, C, and U coverages as applicable). SUPPLEMENTARY GENERAL CONDITIONS 2 of 7 HISTORIC REHABILITATION OF ROSE HILL MANOR—PHASE IV CITY OF PORT ARTHUR, TEXAS B. Independent Contractor's Protective. C. Products and Completed Operations. D. Personal Injury Liability with Employment Exclusion deleted. E. Contractual, including specified provision for Contractor's obligation under Paragraph 3.18. F. Owned, non-owned and hired motor vehicles. G. Broad Form Property Damage including Completed Operations. 11.1.1.2 If the General Liability coverages are provided by a Commercial General Liability Policy on a claims-made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment, certified in accordance with Subparagraph 9,10.2. • 11.1.4 The insurance required by Subparagraph 11.1.5 shall be written for not less than the following limits, or greater if required by law: INSURANCE SECTION A. Prior to the approval of this contract CONTRACTOR shall furnish a completed Insurance Certificate to the Owner. The certificate shall be completed by an agent authorized to bind the named underwriter(s)to the coverages, limits, and termination provisions shown thereon, and shall furnish and contain all required information referenced or indicated thereon. CITY OF PORT ARTHUR, TEXAS SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE IS RECEIVED BY THE OWNER, and no officer or employee of CITY OF PORT ARTHUR,TEXAS shall have 14 authority to waive this requirement. INSURANCE COVERAGE REQUIRED SECTION B. CITY OF PORT ARTHUR,TEXAS reserves the right to review the insurance requirements of this section during the effective period of the contract and to adjust insurance coverages and their limits when deemed necessary and prudent by the Owner based upon changes in statutory law, court decisions, or the claims history of the industry as well as the CONTRACTOR. SECTION C. Subject to CONTRACTOR'S right to maintain reasonable deductibles in such amounts as are approved by the Owner, CONTRACTOR shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at CONTRACTOR'S sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the Owner, in the following type(s) and amount(s): TYPE OF COVERAGE LIMITS OF LIABILITY 1. Workmen's Compensation Statutory 2. Employer's Liability $500,000/$500,000I$500,000 3. Comprehensive General Liability a. General Aggregate $2,000,000 b. Products/Completed Operations $2,000,000 c. Personal Injury and Advertising $1,000,000 SUPPLEMENTARY GENERAL CONDITIONS 3 of 7 HISTORIC REHABILITATION OF ROSE HILL MANOR—PHASE IV CITY OF PORT ARTHUR,TEXAS d. Each Occurrence $1,000,000 4. Comprehensive Automobile Liability (Including hired and non-owned) $1,000,000 5. Owner's and Contractors Protective Liability a. Each Occurrence $1,000,000 b. Aggregate $1,000,000 6. Builder's Risk Insurance Supplied by Owner 7. Umbrella"All Risk" $2,000,000 The Contractor shall obtain at his expense Builder's Risk Insurance against the perils of fire, lighting,windstorm, hurricane, hail, explosion, riot, civil commotion, smoke,aircraft, land vehicles, vandalism and malicious mischief in the amount of insurance equal at all times to the insurable value of materials delivered and labor performed. The policy issued in the name of the Contractor shall also name his Subcontractors and the Owner as additional insured, as their respective interests may appear. The policy shall have endorsements as follows: 'This insurance shall be specific as to coverage and not considered as contributing insurance with any permanent insurance maintained on the present premises." All costs for the above specified insurance shall be borne by the Contractor. Insurance Requirement Affidavit shall be submitted with bid. The Contractor shall require all subcontractors engaged to do work in connection with this contract to carry Public Liability and Property Damage Insurance in amounts not less than specified above. ADDITIONAL POLICY ENDORSEMENTS OWNER shall be entitled, upon request, and without expense,to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitation,or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by OWNER, CONTRACTOR shall exercise reasonable efforts to accomplish such changes in policy coverage, and shall pay the cost thereof. REQUIRED PROVISIONS CONTRACTOR agrees with respect to the above required insurance, all insurance contracts and certificate(s)of insurance will contain and state, in writing,on the certificate or its attachment, the following required provisions. 1. CITY OF PORT ARTHUR,TEXAS,and its officers, employees, and elected representatives as additional insured(s), (as the interest of each insured may appear)to all applicable coverage; 2. Provide 15 days notice to the Owner for cancellation, non-renewal,or material change; SUPPLEMENTARY GENERAL CONDITIONS 4 of 7 HISTORIC REHABILITATION OF ROSE HILL MANOR—PHASE IV CITY OF PORT ARTHUR, TEXAS 33'; 3. Provide for an endorsement that the"other insurance"clause shall not apply to the Owner where Owner is an additional insured shown on the policy; 4. Provide for notice to the Owner at the address shown below by registered mail; 5. CONTRACTOR agrees to waive subrogation against the Owner, its officers, employees, and representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance. 6. Provide that all provisions of this agreement concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies, 7. For coverage that are only available with claims made policies,the required period of coverage will be determined by the following formula: continuous coverage for the life of the contract, plus one year(to provide coverage for the warranty period) and an extended discovery period for a minimum of five years which shall begin at the end of the warranty period. NOTICES CONTRACTOR shall notify Owner in the event of any change in coverage and shall give such notices not less than 15 days prior to the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to The Owner at the following address: CITY OF PORT ARTHUR, TEXAS P.O. Box 1089 Port Arthur, TX 77641 SECTION D. INDEMNIFICATION. The CONTRACTOR agrees to indemnify and save harmless the Owner from any and all claims, causes of action, and damages of every kind, for injury to or death of any person and damages to property arising out of the construction of said improvements or the operations embraced by this contract, and including acts or omissions of the Owner in connection with said construction. SECTION E. Approval, disapproval, or failure to act by the Owner regarding any insurance supplied by CONTRACTOR shall not relieve CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate CONTRACTOR from liability. Bidders shall adhere to all requirements under this section. No variances from these requirements will be accepted by the Owner. General contractor shall be required to certify that ail subcontractors comply with the Workmen's Compensation requirements and shall be required to notify the owner of any changes in a subcontractors insurance during construction. 11.1.2 Add the following sentence: SUPPLEMENTARY GENERAL CONDITIONS 5 of 7 • { HISTORIC REHABILITATION OF ROSE HILL MANOR—PHASE IV CITY OF PORT ARTHUR, TEXAS if this insurance is written on the Comprehensive General Liability policy form, the Certificates shall be AIA Document G705, Certificate of Insurance. If this insurance is written on a Commercial General Liability policy form, ACORD form 25S will be acceptable. 11.2 Owner's Liability Insurance 11.2,1 Change Subparagraph 11.2.1 to read: The Contractor shall purchase and maintain insurance covering the Owner's contingent liability for claims which may arise from operations under the Contract. This insurance shall be the same limits as stated in 11.1.6.2 above and shall be issued in the name of the Owner and the Architect. Article 13—Miscellaneous Provisions 13.9 Control of Materials 13.9.1 If the normal trade practice for manufacturers is to furnish warranties or guarantees for the materials and equipment specified herein, the Contractor shall turn the guarantees and warranties over to the Architect for potential dealing with the manufacturers. The extent of such warranties or guarantees will not be a factor in selecting the successful bidder, 13,9.3 All manufacturing processes are defined as all processes required to change the raw ore or scrap metal into the finished, in-place steel product. The Contractor shall furnish, to the Architect, certified mill test reports on the base metal and producer's certifications on all subsequent manufacturing processes stating compliance with the applicable specification(s) and that all manufacturing processes occurred in the United States. Producer's certifications shall bear the notarized signature of a responsible authorized representative of the producer. 13.10 Differing Construction-site Conditions. 13.10.1 During the progress of the work, if subsurface or latent physical conditions are encountered at the site, differing materially form those indicated in the contract, or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the Party discovering such conditions shall promptly notify the Architect in writing of the specific differing conditions before they are disturbed and before the affected work is performed. 13.10.2 Upon written notification, the Architect will promptly investigate the conditions, and if he determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing in accordance with Article?. The Contractor will be notified of the Architect's determination whether or not an adjustment of the contract is warranted. 13.10.3 No contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice in accordance with Article 13.3.1. 13.10.4 No contract adjustment will be allowed under this clause for any effects caused on unchanged work. SUPPLEMENTARY GENERAL CONDITIONS 6 of 7 HISTORIC REHABILITATION OF ROSE HILL MANOR—PHASE IV CITY OF PORT ARTHUR, TEXAS Article 15 15,19 Approval of Materials. 15.19.1 Reference in the specifications to any article, device, product, material, fixture, form or type of construction by name, make or catalog number shall be interpreted as establishing a standard of quality and shall not be construed as limiting competition; and the Contractor, in such cases, if any, may, at his option, use any article, device, product, material, fixture, for, or type of construction which in the judgement of the Architect expressed in writing is equal to that specified. 15.20 Qualification of Contractors 15.20.1 Attention is called to the fact that a bidder in signing the proposal represents that he has the financial ability and experience to carry the work through its several stages, and unless he can show evidence of such ability, he will not be eligible to receive the award of the Contract. To be eligible for consideration he should be able to show that he has available liquid assets amounting to at least ten percent (10%) of the combined total of his bid plus the amount required for uncompleted work on other contracts held by him at the time of opening the proposals. The Owner reserves the right to award the contract to a person whom he deems qualified by experience and financial responsibility to successfully carry out the work. 15.21 Subletting or Assigning of Contract 15.21.1 The Contractor will not be permitted to assign, sell, transfer, or otherwise dispose of the Contract of any portion thereof, or his rights title or interest therein without the approval of the Architect. In any case, no subcontract will relieve the Contractor of his responsibility under the Contract. END OF SUPPLEMENTARY GENERAL CONDITIONS SUPPLEMENTARY GENERAL CONDITIONS 7 of 7 EXHIBIT E We' 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 Toll free:1-866-251-0234 Nax#409-769-1682 Email: Office@Marahwaterproofing.com December 23,2024 Attn: Labiche Architectural Group RE: Rose Hill Manor Our recommendations and specifications are based on the information received from your engineer or representative. We will furnish at the above building,all labor,materials,tools, equipment, supervision, Workmen's Compensation,Public Liability and Property Damage Insurance necessary to complete in a thoroughly workmanlike manner all the work described below: Scope of Work: Exterior Renovation • Scope Includes all column repair/replacement per plans. • All scope of work annotated on plans by Marsh Waterproofing on the South elevation of the building. Base Bid: $335,000.00 Plus applicable taxes Contigency:$40,000.00 Total Price:$375,000.00 Respectfully Submitted, rani Mars. President Marsh Waterproofing,Inc. Acceptance Signature&Date: NOTES—THIS PROPOSAL IS ONLY VALID FOR 30 DAYS • • ▪ If needed,Owner to furnish two(2) 110-volt amp outlets and one(1)220 volt 50-amp single phase outlet and connect contractors power cord as supplied by contractor. • If needed,Owner to furnish cold water at spigot in work area. • If needed,Owner will cooperate with contractor in moving cars,etc. to minimize the risk of overspray. • This proposal does not include any asbestos removal,encapsulation,or disposal of the same. • We are not responsible for the relocation or covering of any product or production areas that could get damaged by dust,dirt,falling deck or water during the project. • If needed,Owner will furnish interior and exterior storage area,parking space for trucks and storage trailers. • If needed,Owner to move all non-permanently mounted items away from surfaces to be treated. • If needed,Owner to cut back any existing landscaping a minimum of two feet away from the building prior to work commencing if needed. • The scope of work under this contract expressly does NOT include investigation, detection,abatement,replacement,removal or detoxification of and Hazardous Environmental Condition. • "Hazardous Environmental Condition"means any type or form of asbestos, lead or fungus, including mildew, mold,rot,rust,mycotoxins, spores,scents or byproducts produced or released by fungi. • Our quote is based on the fact that this specification meets your insurance company approval and local code approval. fl