HomeMy WebLinkAboutPR 24891: AUTHORIZING THE CITY MANAGER TO ACCEPT CLOSE OUT DOCUMENTS SUBMITTED BY MIKE BARNETT CONSTRUCTION AND APPROVE THE RELEASE OF RETAINAGE OF $20,762.50 FOR PHASE IV REPAIRS AND RENOVATIONS TO POMPEIIAN VILLA P.R.No. 24891
04/06/2026 AJS-TNR
Memorandum
City of Port Arthur, Texas
Robert A. "Bob"Bowers Civic Center
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Adam J Saunders, Civic Center Dir
RE: Proposed Resolution No. 24891
ANALYSIS/CONSIDERATION:
The City Council previously approved Resolution No. 24-365 in November 2024 authorizing a
contract with LaBiche Architectural Group for architectural plans, drawings, and documentation
required for approval by the Texas Historical Commission, together with oversight of the
restoration and repair work for Pompeiian Villa.
The Purchasing Division subsequently advertised for bids for Phase IV Repairs and Renovations
to Pompeiian Villa in The Port Arthur News on April 12, 2025, and April 19, 2025. Two bids
were received, and Mike Barnett Construction of Port Neches, Texas, was determined to be the
lowest responsible bidder with a bid amount of$415,250.00.
In June 2025, City Council approved Resolution No. 25-267 awarding the construction contract
to Mike Barnett Construction for Phase IV repairs and renovations to Pompeiian Villa. City
Council later approved Resolution No. 25-519 for Change Order No. 1, extending the contract by
thirty-six (36) calendar days, and Resolution No. 26-013 for Change Order No. 2, extending the
contract by an additional ninety-eight (98) calendar days, resulting in a final completion date of
April 6, 2026.
Mike Barnett Construction has now completed the Phase IV work and submitted all required
project close-out documentation, including:
• Certificate of Substantial Completion dated March 30, 2026
• Contractor's Certificate of Debts Paid
• Contractor's Certificate of Warranty
• Contractor's Certificate of Guarantee
• Contractor's Certificate and Release
• Release of Retainage Certificate
The completed work has been inspected by City staff and LaBiche Architectural Group and has
been determined to be complete and satisfactory in accordance with the contract documents.
RECOMMENDATION
Staff recommends approval of the resolution authorizing acceptance of the project close-out
documents and release of retainage to Mike Barnett Construction of Port Neches, Texas, in the
amount of$20,762.50. Funding is available in Account No. 307-00-000-2050-00-00-000-,
Project No. BU0015.
P.R. No. 24891
04/06/2026 AJS- TNR
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT CLOSE OUT
DOCUMENTS SUBMITTED BY MIKE BARNETT CONSTRUCTION OF PORT
NECHES,TEXAS AND APPROVE THE RELEASE OF RETAINAGE OF$20,762.50
FOR PHASE IV REPAIRS AND RENOVATIONS TO POMPEIIAN VILLA. FUNDING
IS AVAILABLE IN ACCOUNT No. 307-00-000-2050-00-00-000-, Project No. BU0015.
WHEREAS, pursuant to Resolution No. 24-365, the City Council of the City of Port
Arthur approved a contract with LaBiche Architectural Group for the preparation of architectural
plans, drawings, and related documentation necessary for approval by the Texas Historical
Commission, together with professional oversight for the proper restoration and repair of
Pompeiian Villa; and
WHEREAS, the City of Port Arthur Purchasing Division duly advertised for bids for
Phase IV Repairs and Renovations to Pompeiian Villa in The Port Arthur News on April 12,
2025, and April 19, 2025; and
WHEREAS, two (2) bids were received in response to the solicitation, and after review
and evaluation, Mike Barnett Construction of Port Neches, Texas, was determined to be the
lowest responsible bid, submitting a bid in the amount of$415,250.00; and
WHEREAS, pursuant to Resolution No. 25-267, adopted in June 2025, the City Council
awarded a construction contract to Mike Barnett Construction for Phase IV Repairs and
Renovations to Pompeiian Villa in the amount of$415,250.00; and
WHEREAS, pursuant to Resolution No. 25-519, the City Council approved Change
Order No. 1, extending the contract time by thirty-six (36) calendar days; and pursuant to
Resolution No. 26-013, the City Council approved Change Order No. 2, extending the contract
time by an additional ninety-eight (98) calendar days, resulting in a final contract completion
date of April 6, 2026; and
WHEREAS, Mike Barnett Construction has completed the Phase IV Repairs and
Renovations project in accordance with the contract documents and has submitted all required
close-out documentation, including the Certificate of Substantial Completion dated March 30,
2026, together with the, Contractor's Certificate of Debts Paid, Contractor's Certificate of
Warranty, Contractor's Certificate of Guarantee, Contractor's Certificate and Release, Release of
Retainage Certificate attached hereto respectively as Exhibits "A"through"F"; and
WHEREAS, the work associated with the project has been inspected by City staff and
LaBiche Architectural Group and has been determined to be complete and satisfactory in
accordance with the contract documents; and
WHEREAS, the contract retainage for the project, representing five percent (5%) of the
completed work, has been requested for release by Mike Barnett Construction in the amount of
$20,762.50, as reflected in Exhibit"F"; and
P.R. No. 24891
04/06/2026 AJS- TNR
WHEREAS, funding for the release of retainage is available in Account No. 307-00-
000-2050-00-00-000, Project No. BU0015; and
WHEREAS, the City Council finds that acceptance of the project close-out documents
and authorization of the release of retainage constitute proper municipal purposes and are in the
best interest of the City of Port Arthur.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS:
THAT,the facts and opinions in the preamble are true and correct.
THAT, the City Manager is hereby authorized to accept the project close-out documents
submitted by Mike Barnett Construction of Port Neches, Texas, for Phase IV Repairs and
Renovations to Pompeiian Villa; attached hereto as the Certificate of Substantial Completion
dated March 30, 2026 (Exhibit A), Contractor's Certificate of Debts Paid (Exhibit B),
Contractor' s Certificate of Warranty (Exhibit C), Contractor's Certificate of Guarantee (Exhibit
D), Contractor's Certificate and Release (Exhibit E), and the Release of Retainage Certificate
(Exhibit F); and,
THAT, the City Manager of the City of Port Arthur is hereby authorized to execute on
behalf of the City of Port Arthur a Certificate of Acceptance for the completion of Phase IV
repairs to Pompeiian Villa; and,
THAT, the City Manager is further authorized to release retainage in the amount of
$20,762.50 to Mike Barnett Construction, with funding available in Account No. 307-00-000-
2050-00-00-000, Project No. BU0015; (Exhibit F); and.
THAT a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED, AND APPROVED, this day of 2026 AD, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following Vote:
AYES: Mayor:
Councilmembers:
•
NOES:
Charlotte Moses, Mayor
ATTEST:
Christie Whitley Ned, City Secretary
f1{O
P.R. No. 24891
04/06/2026 AJS- TNR
APPROVED AS
Roxann Pais Cotroneo, City Attorney
APPROVED ISTRATION:
Ronald Burton, CP anager
APPR ERAS TO FUND AVAILABILITY:60/. /1
-716a)
Lynda Bos Tell, M.A., ICMA-CM Director of Finance
Clifton Wi liams, CPPB, Purchasing Manager
P.R. No. 24891
04/06/2026 AJS- TNR
EXHIBIT "A"
CERTIFICATE OF SUBSTANTIAL COMPLETION
Purchase Order No.: #25-267
Project Name: Pompeiian Villa Phase 4-"Foundation Leveling and MEP Upgrades"
Contractor: Mike Barnett Construction
Description of Work: Foundation Leveling/Spray foam Insulation/Electrical Upgrades /New IIVAC/Fire
Alarm System
The work performed under this contract has been reviewed and found to be substantially complete.The
date of substantial completion is hereby established as 01/06/26
KNOW ALL MEN BY THESE PRESENTS:
1.) The stage of construction where, in the opinion of the City of Port Arthur,all items of the work necessary
to enable the assets to be utilized without restrictions for the purpose for which the asset was constructed
have been completed;and
2.) All pay items are complete and all necessary testing as required by the Laws and Regulations and/or
Contract Documents have all been completed.
Punch List
All list of items to be completed or corrected,prepared by the CONTRACTOR and verified and amended by the
ENGINEER, is attached hereto.The failure to include any items on such list does not alter the responsibility of
the CONTRACTOR to complete all work in accordance with the contract documents.The CONTRACTOR shall
complete or correct the work on the list of items attached hereto within in 60 days from the above date of
substantial completion.The responsibilities shall be as set out in the Contract Documents or on the attached
isresponsible If not specified in and an attachment or in the Contract Documents the CONTRACTOR for
maintenance, utilities and insurance.
Mike Barnett Construction �T^ 01/06/26
CONTRACTOR NAME S19/sIATI)RE • DATE
•
RECOMMENDED FOR ACCEPTANCE
a , �� 3 3° x
rt�NEEt NA�4 I? SIG t1,;1��fj? ATE
cr
The City of Port Arthur accepts the work as Substantially Complete. City of Port Arthur,Department of Public
Works.
PROJECT MANAGER SIGNATURE DATE
CITY ENGINEER SIGNATURE DATE
PUBLIC WORKS DIRECTOR SIGNATURE DATE
CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT: Pompeii Villa Phase IV ARCHITECT:The LaBiche Architectural Group, Inc
PROJECT NO.: 22033
OWNER: City of Port Arthur CONTRACTOR: Mike Barnett Construction
3401 Culture Ctr Dr
Port Arthur,Texas 77642 CONTRACT FOR: Historic Restoration
DATE OF ISSUANCE:January 6, 2026 CONTRACT DATE: December 3,2024
PROJECT OR DESIGNATED PORTION SHALL INCLUDE: ALL WORK
The Work performed under this Contract has been reviewed and found to be substantially complete.
The Date of Substantial Completion of the Project or portion thereof designated above is hereby
established as January 6, 2026 which is also the date of commencement of applicable warranties
required by the Contract Documents, except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by
the Architect when construction is sufficiently complete, in accordance with the Contract Documents,
so the Owner can occupy or utilize the Work or designated portion thereof for the use for which it is
intended, as expressed in the Contract Documents.
A list of items to be completed or corrected, prepared by the Contractor
and verified and amended by the Architect is attached hereto. The failure QED qq
to include any items on such list does not alter the responsibility of the cor'H. Laecti
Contractor to complete all Work in accordance with the Contract o y
Documents. The date of commencement of warranties for items on the m y
attached list will be the date of final payment nless otherwise agreed to in ., co
writing. ;' 9T 11592
OF1
The LaBiche Architectural Group, Inc 00A p
ARCHITECT
The Contractor will complete or correct the Work on the list of items attached hereto within fifteen (15)
days from the Date of Substantial Completion
Mike Barnett Construction ' / ;�� 1/7/26 _
CONTRACTOR BY DATE
The Owner accepts the Work or designated portion thereof as substantially complete and will assume
full possession thereof at :00 . on January 7, 2026.
City of Port Arthur
OWNER BY DATE
The responsibilities of e Owner and the Contractor for security, maintenance, heat, utilities, damage to the
Work and insurance shall be as follows: Owner will assume responsibility for maintenance, security, and damage
to the Work on the Date of Substantial Completion except for damage done by Contractor or Subcontractors
during final completion. Owner assumes responsibility for insurance of the Project on January 7, 2026. The
Contractor will submit to the Owner the executed warranties, maintenance agreements, inspection certificates,
record documentation, maintenance manuals, tools, spare parts, keys and similar operational items by February
6,2026.
crn of
ort rthu �
reran
www.PortArthurTx.gov
CERTIFICATE OF COMPLETION
Date: 4/7/2026
Project: Phase IV repairs and renovations to Pompeiian Villa; Release of Retainage.
To: All Concerned
I HEREBY CERTIFY THAT this project was completed on March 30, 2026 and that the work was
under periodic inspection during construction by LaBiche Architectural Group and myself and City
Inspectors. That to the best of my knowledge, the project was constructed substantially in accordance
with the plans and specifications.
Submitted by:
-2410,1
Adam J S unders
Civic Center Director
3401 Cultural Center Drive—Port Arthur,TX 77642—409-985-8801
P.R. No. 24891
04/06/2026 AJS- TNR
EXHIBIT "B"
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: MIKE BARNET CONSTRUCTION
Name of Contractor)
TO: CITY OF PORT ARTHUR POMPEII VILLA PARSE 4-1953 LAKESHORE DR.PORT ARTHUR,TX
(Owner)
REFERENCE CONTRACT NO.: 25-267
CONTRACT ENTERED INTO THE 21ST DAY OF MAY BETWEEN THE
CITY OF PORT ARTHUR AND MR LANCE BARNETT
OF MIKE BARNETT CONSTRUCTION
FOR THE PROJECT POMPEHAN VILLA PHASE 4-CITY OF PORT ARTHUR
KNOW ALL MEN BY THESE PRESENTS:
1.) The undersigned hereby certifies that there is due from,and payable by,the Owner to the Contractor
under the contract and duly approve Change Orders and modification the balance of
$ 20,762.50
2.) The undersigned further certifies that in addition to the amount set forth in Paragraph 1,there are
outstanding and unsettled the following items which he claims are just and due and owing by the Owner
to the Contractor:
a.
b. NONE
c.
d.
(Itemize claims and amounts due,if none,so state)
3.) The undersigned further certifies that all work required under this contract, including work required under
Change Order(s)numbered ,has been performed in accordance with the terms thereof,and that
there are no unpaid claims for materials,supplies,or equipment and no claims of laborers or mechanics
for unpaid wages arising out of the performance of this contract,and that the wage rates paid by the
contractor were in conformity with the contract provisions relating to said wage rates.
4.) Except for the amounts stated under Paragraphs 1 and 2 hereof,the undersigned has received from the
Owner all sums of money payable to the undersigned under,or pursuant to,the above-mentioned contract
or any modifications or changes thereof.
5.) That in consideration of the payment of the amount stated in Paragraph 1 hereof,the undersigned does
hereby release the Owner and Operator from any all claims arising under or by virtue of this contract,
except the amount listed in Paragraph 2 hereof due from the owner, provided however,that if any reason
the Owner does not pay the full amount stated in Paragraph 1 hereof,said deduction shall not affect the
validity of this release,but the amount so deducted shall be automatically included under Paragraph 2 as
an amount which the Contractor has not released but will release upon payment thereof.The Contractor
further certifies that upon the payment of the amount listed in Paragraph 2 hereof,and of an amount
which may be deducted from Paragraph 1 hereof,he will release the Owner and Operator from any and
all claims of any nature whatsoever arising out of paid contract modification thereof,and will execute
such further releases or assurances of the Owner and Operator may request.
1
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this 2nd day of
JUNE ,2024
LANCE BARNETT-MIKE BARNETT CONST.
{SEAL} (Contractor)
BY:
ignature)
L4#1ci ,CAIErr /& s4- bwnrE,e
(Printed Name/Title of Officer)
LANCE BARNETT , being first duly sworn on oath,deposes and says,First,that,he/she is the
(Affiant)
GM/OWNER of MIKE BARNETT CONSTRUCTION
(Title) (Name of Company)
Second,that he/she has read the foregoing certificate by him/her subscribed as GM/OWNER
(Title)
of MIKE BARNETT CONSTRUCTION
(Name of Company)
Affiant further states that the matters and things stated herein are true.
41111PAP—
Subscribed and sworn to before me this /�2.+d � day of c.j w�E ,2026
My commission expires two1...Q1
NOTARY
�������Pin,, KENNADI SPACEK
�o��""'�a��;Notary Public,Stata of:faFas
i ,'y= Comm.Expires 09 01
(59
'i,;�o �` Notary ID 1355"uc 2
SUBCONTRACTOR'S AFFIDAVID OF RELEASE OF LIEN
STATE OF Texas
COUNTY OF Jefferson
KNOW BY ALL MEN BY THESE PRESENTS:
f'itit Aovrill being first duly sworn,deposes and ays:
1. That he is the subcontractor (or the ,r-t-St d�''t'l of l ars1►4'`� ( on r / supplier)
who supplied, installed, and /or erected ttfe work described below, and that he is duly authorized to make this
Affidavit and Subcontractor Release:Y
PROJECT: 7344P€4t IJ& WORK PERFORMED: t sit.r t i-pGdv-
OWNER: ad _J di- por A'lnur SPECIFICATION: c 7
ARCHITECT: a)(fit, ( JLrt.- AMOUNT PAID: $ / !� / °C)
2. That all work required under the subject subcontractor of the subject construction project has been
performed in accordance with its terms thereof, that all material men, sub-subcontractors, mechanics, and
laborers have been paid and satisfied in full and that there are no outstanding claims of any character
arising out of the performance of said subcontractor which have not been paid and satisfied in full.
3. That to the best of his I her knowledge and belief, there are no unsatisfied claims for damages resulting
from injury or death to any employees, sub-subcontractors, or the public at large arising out of the
performance of said sub-contractors, or ant sits or claims for any other damages of any kind, nature or
description which might constitute a lien upon the property of the owner.
4. That he I she has received full payment of all sums due him/ her for materials furnished and services
rendered by the undersigned in connection with the performance of the said subcontractor and has and
does hereby release their Owner and the Architect and his consultants and the Contractor from any and all
claims of any character arising out of or in any way connected with the performance of said subcontract.
ATTEST (If Corporation) r\lor Wafers-pro
Name of Subcontractor/ Supplier
UFA. PVAA-4`\-- CY_Lcii
t-etZbfiA2 By Title
THE STATE OF Texas
COUNTY OF Jefferson 09-0,2
Sworn to and subscribed before me on this i day f tiq ..28z-3--
(Seal) �' (i.,:ii;;,..,'' �� MICHEILE NElZL � /�
"::1 "otary ro ,zsa;5�,g lli :
Notary Pu li na ure
ty -
•
1
P.R. No. 24891
04/06/2026 AJS- TNR
EXHIBIT "C"
CONTRACTOR'S CERTIFICATE OF WARRANTY
FROM: Mike Barnett Construction
(Name of Contractor)
TO: The City of Port Arthur Pompeii Villa Phase IV
1953 Lakeshore Dr.Port Arthur.Tx 77640
(Owner)
REFERENCE CONTRACT NO.: 25-267
CONTRACT ENTERED INTO THE a 1 DAY OF Mek BETWEEN THE
CITY OF PORT ARTHUR AND Mike Barnett Construction
OF FOR THE PROJECT Pompeii Villa Phase IV City Of Port Arthur
KNOW ALL MEN BY THESE PRESENTS:
1.) Lance Barnett does hereby guarantee all of the work done under the
(Name of Contractor)
above referenced contract to be free from faulty materials in every particular,and free from improper
workmanship,and against injury from proper and usual wear;and agrees to replace or re-execute without
cost to the Owner and Operator such work as may be found to be improper or imperfect,and to make
good all damage caused to other work or materials due to such required replacement or re-execution.
2.) This guarantee shall cover a period of one(1)year from the date of acceptance of all work under this
contract by Owner,as evidenced by the Contractor's Certificate of Completion.
3.) This Certificate is given in connection with the final payment under the contract between the Owner and
Lance Barnett,and with the knowledge that it will be relied upon in
(Name of Contractor)
Making such payment and that such payment would not be made except upon the truth of the matter
contained in this affidavit.
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this 3 day of
g00('OA ,2026.
Lance Barnett
(SEAL) (Contractor)
BIC:4-X--------
(Signature)
Lance & net-t &M tDWneX
(Printed Name/Title of Officer)
1-Warranty
L O'Y\C ' ' oxr * r ,being first duly sworn on oath,deposes and says,First,that,he/she is the
(Affiant)
GM/Owner Of Mike Barnett Construction,
(Title) (Name of Company)
Second,that he/she has read the foregoing certificate by him/her subscribed as RA 'ot ne
ws
(Title)
Of Mike Barnett Construction.
(Name of Company)
Affiant further states that the matters and things stated herein are true.
(
II
Subscribed and sworn to before me this a day of VI OW CP ,2026.
My commission expires
°1 — 3- 20% I
"'" KENNADI SPACEK NOTARY
�r � Notary Public,State of Texas
j %H,,; Q Comm.Expires 09-03-2029
i ',';,,,,,` Notary ID 135526869
I
4
2-Warranty
P.R. No. 24891
04/06/2026 AJS- TNR
EXHIBIT "D"
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: Mike Barnett Construction
TO: City of Port Arthur
FOR: Rehabilitation on Pompeiian Villa Phase IV - Foundation MEP Upgrades
REFERENCE CONTRACT NO. #22033 ENTERED INTO THE 3rd
DAY OF June , 2025,BETWEEN THE CITY OF PORT ARTHUR
AND Mike Barnett Construction
(CONTRACTOR)
OF Port Neches, TX
(CITY/STATE)
FOR: Rehabilitation on Pompeiian Villa Phase IV - Foundation MEP Upgrades
(PROJECT)
KNOW ALL MEN BY THESE PRESENTS:
1. Lance Barnett does hereby guarantee all of the work done under the
above referenced contract to be free from faulty materials in every particular, and free
improper workmanship, and against injury from proper and usual wear; and agrees to
replace or re-execute without cost to the Owner and Operator such work as may be found
to be improper or imperfect, and to make good all damage caused to other work or
materials, due to such require replacement or re-execution.
2. This guarantee shall cover a period of one(1)year from the date of acceptance of all work
under this Contract, as evidenced by the Engineer's Certificate of Completion.
IN WITNESS THEREOF,the undersigned has signed and sealed this instrument this the
.Z.Y)()k day of Pr?Y l \ , 2026.
COMPANY
SEAL
Mike Barnett Construction
(COMPANY NAME)
C_..�" 4rte
(OWNER, TURE/TITL Gnu/
E)
Lance Barnett
(PRINT)
SUBSCRIBED AND SWORN to before me this 2 y d day of Avy 1 1 .
20*
My commission expires ( r ) — 2029
`�� (DATE)
0',I�,,, KENNADI SPACEK
o� "4e�':Notary Public,State of Texas
'" Comm.Expires 09-03-2029 CaL-I14 t
'''1,*, � Notary ID 135526869
nm++ Y
"" (NOTARY P )
NOTARY SEAL
P.R. No. 24891
04/06/2026 AJS-TNR
EXHIBIT "E"
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: MIKE BARNET CONSTRUCTION
(Nwne of Contractor)
TO: CITY OF PORT ARTHIJR POMPEII VILLA PAHSE 4-1953 LAKESHORE DRPORT ARTHUR,TX
(Owner)
REFERENCE CONTRACT NO.: 25-267
CONTRACT ENTERED INTO THE 21ST DAY OF MAY BETWEEN THE
CITY OF PORT ARTHUR AND MR.LANCE BARNETT
OF MIKE BARNETT CONSTRUCTION
FOR THE PROJECT POMPEIIAN VILLA PHASE 4-CITY OF PORT ARTHUR
KNOW ALL MEN BY THESE PRESENTS:
1.) The undersigned hereby certifies that there is due from,and payable by,the Owner to the Contractor
under the contract and duly approve Change Orders and modification the balance of
$ 20,762.50
2.) The undersigned further certifies that in addition to the amount set forth in Paragraph 1,there are
outstanding and unsettled the following items which he claims are just and due and owing by the Owner
to the Contractor:
a.
b. NONE
c.
d.
(Itemize claims and amounts due,if none,so state)
3.) The undersigned further certifies that all work required under this contract,including work required under
Change Order(s)numbered ,has been performed in accordance with the terms thereof,and that
there are no unpaid claims for materials,supplies,or equipment and no claims of laborers or mechanics
for unpaid wages arising out of the performance of this contract,and that the wage rates paid by the
contractor were in conformity with the contract provisions relating to said wage rates.
4.) Except for the amounts stated under Paragraphs 1 and 2 hereof,the undersigned has received from the
Owner all sums of money payable to the undersigned under,or pursuant to,the above-mentioned contract
or any modifications or changes thereof.
5.) That in consideration of the payment of the amount stated in Paragraph 1 hereof,the undersigned does
hereby release the Owner and Operator from any all claims arising under or by virtue of this contract,
except the amount listed in Paragraph 2 hereof due from the owner, provided however,that if any reason
the Owner does not pay the full amount stated in Paragraph 1 hereof,said deduction shall not affect the
validity of this release,but the amount so deducted shall be automatically included under Paragraph 2 as
an amount which the Contractor has not released but will release upon payment thereof.The Contractor
further certifies that upon the payment of the amount listed in Paragraph 2 hereof,and of an amount
which may be deducted from Paragraph 1 hereof,he will release the Owner and Operator from any and
all claims of any nature whatsoever arising out of paid contract modification thereof,and will execute
such further releases or assurances of the Owner and Operator may request.
1
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this 2nd day of
JUNE ,20260
LANCE BARNETT-MIKE BARNETT CONST.
{SEAL} (Contractor)
BY:
ignature)
Z4.4ci &t irT r /a0A- vwrrEi2
(Printed Name/Title of Officer)
LANCE BARNETT , being first duly sworn on oath,deposes and says,First,that,he/she is the
(Affiant)
GM/OWNER of MIKE BARNETT CONSTRUCTION
(Title) (Name of Company)
Second,that he/she has read the foregoing certificate by him/her subscribed as GM/OWNER
(Title)
of MIKE BARNETT CONSTRUCTION
(Name of Company)
Affiant further states that the matters and things stated herein are true.
Cant)
Subscribed and sworn to before me this ...S day of cj w�E ,2026
My commission expires 1 1 ao201
NOTARY
a u?'014 KENNADI SPACEK
;', Pre;2.Notary Public,State of"texas
�I�oya Comm.Expires
cg +e� 135,—,.:6c`69
4'';Fci";�o� Notary ID
2
P.R. No. 24891
04/06/2026 AJS- TNR
EXHIBIT "F"
The LaBiche
ARCHITECTURAL GROUP,INC.
Dohn H.LaBiche,FAIA March 30, 2026
Principal
Greg Wall,AIA
Principal
Mr. Ron Burton, City Manager
7999 Gladys,Suite 101 City of Port Arthur
Beaumont Texas 77706 3401 Culture Ctr, Dr
(40197
Fax:(409) 60- Port Arthur, Texas 77642
Fax 860-0198
www.labiche.com
RE: COPA—Pompeii Villa—Phase IV
Dear Mr. Burton,
Enclosed herewith is the Contractor's Application and Certificate
for Payment No. 7 retainage, in the amount of$20,762.50. This
application has been reviewed, and is recommended for
payment.
ti9,E D AAC
Sincerely, , C.3" o s..m
11592
Dohn H. LaBiche, FAIA
DHL/bo
Enclosure
CC: Mike Barnett
Project#: 22033
ARCHITECTURE
PROJECT CONSULTING
PLANNING
INTERIOR DESIGN
1
i
�.,tiai°F",% KENNADI SPACEK
a•'' =Notary Public,State of Texas
)14
`y' Comm.Expires 09-03-2029
4;°' w
+utter Notary ID 135526869
6 i
APPLICATION AND CERTIFICATION FOR PAYMENT AIA DOCUMENT G702 PAGE ONE OF TWOPJWEn
TO OWNER: PROJECT:#22033 APPLICATION NO:7 Retainage Distnbuttaa to:
City of Pon Arbor Texas Poonpeiiau Villa-Plume 4 ®OWNER
P.O.Hox 1089 1953 Iakeshore Dr. no ARCHITECT
Port Arthur,Texas 77641 Port Arthur,Tx 77641 PERIOD TO: 3/27/26 MICONIRACTOR
FROM CONTRACTOR: VIA ARCHITECT:Doha Labiche (♦
Mike Barnett Construction The I.aBiche Architectural Group,Inc. -
1701 Pat Neches Ave. 7999 Gladys Avenue,Suite 101
Pat Neches,Texas 77651 Batunout,Tow 77706
CONTRACT FOR:General Construction CONTRACT DATE. 05/21J25
CONTRACTORS APPLICATION FOR PAYMENT The undnegoedConrMta certifies that to the beet of the Contractor's knowledge,
Appliutiw u mad.foe payment,as shown below,in connection with the Contract information rui belief the Work coveted by this Application for Payment has been
Conararation Shoot,AIA Document 0703,is enaohod completed in ancrederce with the Contract Documents,that all amounts have bean paid by
the Connector fa Work for which previous Certificates for Payment weft woof Arad
paymemu received from the Owner,and oast current peyrmcnt shown herein is now Ate
1.ORIGINAL CONTRACT SUM S 415.250 W
2.Net change by Change Orden S 0IN CONTRACIOR: MIKE BARNE T CUNSTRUCISON
3.CONTRACT SLIM TO DATE(Line 1 t•2) S 415 250.W •
4.TOTAL COMPLETED R STORED TO $ 415,,5660
DATE (Column G on 0703) fey. /// - — D 3/27/26
S.RETAINAt3E. i� !.. — uey re VAS�S�^
a. S %of Completed Work S OW Sum of. 1 ` F I✓1„y' C,w i of.f.
..dorm G7
aRtrsoe
D+E no 03) Subsoibod end to, nto benne mcU trsJ of Ja
b 5 %or Stored Man n& $ 0 Notary Public. 1 V('5 �
7�umeFat G703) My Caoanuu osprro+. 09 ,o
Tow Reainagr(Linn 5a*5b or V"I 'W
Tow to Column lofG703) S 0.00 ARCHITECTS CERTIFIC TE FOR PAYMENT
6 TOTAL EARNED LESS RETAIN AGE S 415,250.00 In accordance with the Contract Documents,based on on+ate otuervatiau end the data
(Line 4 Lem Line 5 Tow) ctmptnets the applisauon,the Architect certain to the Owner that to the boot of the
7.LESS PREVIOUS CERTIFICATES FOR Atsneecte knowledge.4/demean and Wier eke Work hat progrestod at Agitated,
PAYMENT(Lim 6from prior Cayoaoan) S 591.4e7.50 Ow moiety 0ferr..Wwa'on+aecw4ata.Iwtth the Cretraat Dt4wsnoto,toot the Crm/rm.
8.CURRENT PAYMENT DUE $ 20,75.2 50 is entitled to payvsera of the AMOUNT CERTIF!?..
9.BALANCE TO FINISH,INCLUDINGRETAINAOF: S OOO Q
(Lint 3 laser Line 6) AMOUNT CERTIFIED .S 411101. !at '° .`
CItANCat ORDER RUFfMARY ADDITIONS DEDUCTIONS (Ara>t erphtnonrnetIf a reject.the omens appne/.trammel ullNN efts to,We
Tow changes approved Appbconon and ono t chnwrrf tocoekra with the 1evehaef)
in preview morel.by Oomcr sin uo S000 ARCltffhCT:
Total app»ved ties Month SO p) SA 00 by. Date.
TOTALS S0 00 SO 00, 'lbw Cabin... t4a. b. IRWIN)rs payub!a ty to the
(.antnaCbr eoeoe payment and acceptance at payment tll without
NET CHANGES by Chtunao Litchi stu r pro)umrs to any I. of the Owner or Contractor urd.r thu Contract
Aw0IX.>A*HI Ilia).Al*.WA."toot C.titO Att.N NUR t notAtol,hi CUI!t r,ALA.Otass TIC aw,,,c,.o.eoTi,UIL or FIK'ritit.Tn.emehe w TOR%AK..eve.,W04.4eG10100G1eraee0264
Users may obtain validation of dais document by requesting a completed NA Document 0401-Certification of Document's Authenticity from the Licensee.
CONTINUATION SHEET AU DOCUMENT G703 PAGE TWO Of I O IIPOtlii
AIA Dowmolt G702,APPLICATION AND CERTIFICATION FOR PAYMENT.containing Application Daze 032726 Applicatom06
Cootrxloi'I signed cutification s aftacatd.
In tabolaticoa below,unwna are uazeC to Otc oee/cst dollar. PERIOD TO:032726
I sc Colonal l oar COOOY:is wkao vsoaalc Tcminage We line nomx may ap+ly PROJECT NO;22033
A B D I E F G H 1
HEM DEStRO'EDS OF sr UM, "SLEIDULSD WORE L tPLETEb MATERIALS TOTAL 51 IBALANCE RE IALNAI*
NO. VALUE PREVIOUS THIS PERIOD PRESENTLY COMPLETED(G-C) TO FINISH VARIABLE
APPLICATION STORED AND STORED (C-G) RATE
(D+E) (NOT IN TO DATE
DORE) (DIEHL) '!v
RASE 11U5
1 GENERAL.RIAUIRMENIS S28.500.90 $28300.00 S0.00 $0.00 S28300.00 100% $0.00 $1.425,00
7 SUPERVISION 82.5000.00 S25,000.00 5000 2000 525.000.00 100% S0.00 S1.250.00
3 TEMPORARIIS/SEl'UP/MOB&LZATION S7.000.00 57.000.00 S0.00 S0.00 S7,000.00 100% S0.00 $300.00
4 SITE MAINTENCE/FINAL.CLEANUP S7.000.00 S7.000.00 54.1.00 S0.00 S7.000.00 100% 50.00 S.a50.00
6 CONTINGENCY 830,000.00 530,000.00 S0.00 $0.00 530,000.00 100% $0.00 51.500.00
7 PATCHES/REPAIRS ALLOWANCE $10,000.00 S10,000.00 $0.00 $0.00 S10.000.00 100% S0.00 S500.00
8 FI,YCERICAL _
9 ELECTRICAL DE O17HON TEMP SETUP S32,00000 532,00000 S000 $0.00 532000.00 100% $0.00 $1.600.00
10 EL.ECT.WJRINGTICIHTS/M1SC MATERIALS S13,400.00 513,400.00 S0.00 $0.00 Si3,400.00 100% $0.00 S670.00
11 ELF-CT.GEAR/PANELS/RISER/SERVICE INST S17,600.00 S17.600.00 S0.00 S000 SI7,600-00 100% $0.00 S880.00
12 WIRING ROUGHING WIRE PULL.-INSTALL $32.000.00 S32.000.00 S0.00 S0.00 $32,000 W 100% $0.00 S1,600.00
13 ELECTRICAL TRIM OUZ 510.000.00+ SI0.000.00 S0.00 $0.00 S10,000.00 100% 50.00 S500.00
14 IITE FD(11JRE RESTORATION $9,000.00 S9.000.00 S0.00 SO.00 59.0 0 00 100% S0.00 S450.00
15 FIRE ALARM'N
16 ROUGH TN WIRING $8,000.00 58.000.00 S0.00 S0.00 58.000.00 100% S0.00 S400.00
17 TOP OUT/PANEL SET/ S2200.00 S2.200.00 50.00 $0.00 57.200.00 100% S0.00 S 110.00
19 TRIM OUT INTTI12OR AND PANEL E L CONNECTR SS000 00 sa.000.00 5000 sO.OS) sat 000 00 10014. S0.00 fa00 00
19 PLUMBING 50.00
20 PLUMBING DEMOLIION O'OL.D PIPING $2,800.00 52800.00 S0.00 50.00 $2..800.00 10094 S0.00 S140.00
REMOVE AND REPLACESEWFLINE S10.000.00 $10,000.00 S0.00 $0.00 $10.000.00 100% $0.00 $500.00
REMOVE AND REPLACE WATER LINE 56.700.00 S6,700 00 SO.00 S0.00 $6,700 00 100% $0.00 $335.00
100MOVEAND REPLACE 2FAUCETS $3300.00 13300.00 SO.00 S0.00 53300.00 100% 50.00 S165.00
REMOVE AND REPLACE WATER HEATER S4,000 00 S4 000 00 S0.00 S0.00 S4.000.00 )00% S0 00 5200.00
11 INSULATION
ATTIC INSULATION S3.80000 S3.800.00 S0.00 $0.00 S3.800.00 100% S0.00 $190.00
SPRAY FOAM ON UNDERNEATH SIDE S20250.00 130.250.00 SO.00 S0.00 120250.00 100% SO.50 S1.012_50
12 )IVAC-MECNAACIAL
DEMOLITION AC UNFI'ANC DUCT PHASE 1 $2500.00 52500.00 1000 S0.00 S2.500.00 100% S0.00 S125..00
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CONTINUATION SHEET MA DOCUMENT G703 PACE TWO(*WA,PACFB
AIA Document G702,APPLICA EION AND CERTIFICATION FOR PAYMENT,wntaining Applicacnn Date: 0327/26 Applicatian46
Contrac[ot's tried actifia4on is attested
In tabulations below.amounts are suited to the neatest dollar. PERIOD TO:03/27/26
Use Colms=Inn Cctotr.cts n6cte•-.r.b1c(ex 4R late linos may apatw. PROJECT NO.22033
A B D L E F G H t
st.. iSTP�t..k1 E)) MATETEIALS 'TOTAL
% BALANCE RAM(4
NO. VALUE -1 T$00S l�gKS PERIOD PRESENTLY ( IMPIETED(G-Cl TO FINISH VA WART 1
APPLICATION STORED AND STORED (C-G) RATE
(0+E) (NOT IN TO DATE
D OR El (1E,41 5%
SET BLOCKS AND SHIMS PHASE! $2.400 00 $2,400.00 S0.00 SO(X) S2.400.00 100% S0.00 5120.00
PHASE2
DRILL PIERS/SET STEEL CAGES PHASE 2 S5.100.00 S5,100.00 S0.00 S0.00 S5,100.00 100% S0.00 S255.00
POURCONCRTEI'E PIERS PHASE 2 S3.500.00 S3,500.00 S0.00 $0.00 S3,500.00 100% S0.00 S175.00
SET BLOCKS AND SHIMS PHASE 2 S2.400.00 $1400.00 S0.00 S0.00 S2.400 00 100% S0.00 S 120.00
PHASE 3
DRILL PIERS/SET STEEL CAGES PHASE 3 55,100.00 S5(100.00 50.00 $0 00 55,100.00 100% S0.00 S255.00
POUR CONCRTETE PIERS PHASE 3 S3.500.00 53,500.00 S0.00 50.00 $3,500.00 100%. S0.00 5175.00
SET BLOCKS AND SHIMS PHASE 3 S2,400.00 S2.400.00 S0.00 S0.00 S2,400.00 100% S0.00 S120.00
SITE CLEANUP $2.400,00 52,400.00 S0.00 S0.00 S2,400.00 100% S0.00 5120.00
GRAND nrrATS S415,250.00 S415,250.00 S0.00 S0.00 S415250.00 100% S0.00 S20,762.50
Users may obtain validation of this document by requesting of the license a completed AlA Document 0401-Certification of Document's Authenticity
NA lw,'MEW G703 oOtmuuATAM SHEET FOR Graz 4102 fO11ION NA.10I0921HEAYE)aCMHrumnTt OF mica recl5,tr.s NEW YORK AVENUE,NW.WACO ON0lOi1.O.0 22036e232 G703-1992
CITY OF PORT ARTHUR, TEXAS
CIVIC CENTER DEPARTMENT
CERTIFICATE OF ACCEPTANCE FOR...
Pompeiian Villa Phase IV
To: Mike Barnett Construction
This document is to certify that the City of Port Arthur,Texas accepts the completion of the Phase
IV repairs and renovations to Pompeiian Villa, on the basis of the recommendation of the City of
Port Arthur's Civic Center Department and receipt of the Certificate of Completion, Contractor's
Affidavit of All Debts Paid, Contractor's Certificate of Release, Contractor's Certificate of
Warranty executed by Mike Barnett Construction.
Ron Burton, CPM
City Manager
Sherri Bellard
City Secretary