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HomeMy WebLinkAboutPR 18538: MCZEAL CONSTRUCTION, REHABILITATION OF THE PROPERTY LOCATED AT 3900 LEWIS DRIVE INTEROFFICE MEMORANDUM HOUSING ASSISTANCE PROGRAMS To: John A. Comeaux, P.E., Interim City Manager 1+ From: Beverly Freeman, Acting Director of Housing and Neighborhood Revitalization Date: September 5, 2014 Re: P.R. 18538 RECOMMENDATION: The Housing Division recommends the City Council approve Proposed Resolution No. 18538 authorizing the City Manager to execute a contract between the City of Port Arthur and McZeal Construction of Port Arthur, Texas, for minor rehabilitation of the property located at 3900 Lewis Drive in the amount of $4,850.00. BACKGROUND: The City of Port Arthur reconstructed the home at 3900 Lewis Drive at a cost of $70,840.90. The Homeowner defaulted on the written agreement on October 4, 2013. The City of Port Arthur foreclosed and recaptured the property on July 10, 2014 in accordance with HUD regulations. The house is in need of some minor rehabilitation for the new buyer. The Housing Division received four (4) quotes and McZeal Construction was the lowest most responsible bid. Name Address Amount McZeal Construction Port Arthur, Texas $ 4,850.00 LLB Construction, LLC Port Arthur, Texas $ 4,989.10 NVT Construction Port Arthur, Texas $ 8,200.00 DRC Construction Beaumont, Texas $11,400.00 BUDGETARY/FISCAL EFFECT: N/A STAFFING/EMPLOYEE EFFECT: Housing Administration staff will be responsible for administering the contract. SUMMARY: The Housing Division recommends the City Council approve Proposed Resolution No. 18538 authorizing the City Manager to execute an agreement with McZeal Construction of Port Arthur, Texas, to make repairs to 3900 Lewis Drive in the amount of $4,850.00. McZeal Construction was the lowest most responsible bid. P. R. 18538 9/5/14 BF/DF RESOLUTION NUMBER A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND MCZEAL CONSTRUCTION OF PORT ARTHUR, TEXAS FOR THE REHABILITATION OF THE PROPERTY LOCATED AT 3900 LEWIS DRIVE, NOT TO EXCEED THE AMOUNT OF $4,850.00, FUNDS ARE AVAILABLE IN CDBG HOUSING ACCOUNT #105- 1431-552.59-00 PROJECT #40115. WHEREAS, the City of Port Arthur reconstructed the home at 3900 Lewis Drive at a cost of $70,840.90; and WHEREAS, the Homeowner defaulted on the written agreement on October 4, 2013; and WHEREAS, the City of Port Arthur foreclosed and recaptured the property on July 10, 2014, in accordance with HUD regulations; and WHEREAS, the house located at 3900 Lewis Drive is in need of some minor rehabilitation for the new buyer; and WHEREAS, the Housing Division received four (4) quotes and McZeal Construction of Port Arthur, Texas was the lowest most responsible bid; and WHEREAS, the contract amount not to exceed $4,850.00 is attached hereto in substantially the same form as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That City Council hereby authorizes the City Manager to execute a contract between the City of Port Arthur and McZeal Construction of Port Arthur, Texas for the rehabilitation of the property located at 3900 Lewis Drive not to exceed the amount of $4,850.00, in substantially the same form as attached hereto as Exhibit "A". Section 3. 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 A.D., 2014, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: MAYOR COUNCILMEMBERS NOES: DELORIS "BOBBIE" PRINCE, MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED AS TO FORM: _ VAL TIZENO, C ORNEY APPROVED FOR ADMINISTRATION: JOHN A. COMEAUX, P.E. INTERIM CITY MANAGER h1 • B ERLY FR A ACTING TRECTOR OF HOUSIN e(. NEIGHBORHOOD REVITALIZATION EXHIBIT " A" CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND MCZEAL CONSTRUCTION, PORT ARTHUR, TEXAS FOR MINOR REHABILITATION OF THE PROPERTY LOCATED AT 3900 LEWIS DRIVE THE STATE OF TEXAS COUNTY OF JEFFERSON THIS AGREEMENT is made and entered into this day of September, 2014, by and between the City of Port Arthur, hereinafter called the "CITY", and McZeal Construction, Port Arthur, Texas hereinafter called the "CONTRACTOR", in consideration of the mutual agreements contained herein and not to exceed the amount of ($4,850) we do hereby agree to all terms, conditions and specifications contained herein and attached hereto; and we do hereby declare VALID this AGREEMENT and CONTRACT: WITNESSETH: SECTION I THE CONTRACTOR SHALL: A. Furnish all labor, materials, tools, machinery, qualified supervision and all other items and services necessary for satisfactory completion of specifications and agreements contained herein for demolition of structures and cleanup at the one (1) residential property as described in the attached bid sheets. B. The work will be completed Five (5) working days after the start date on the "Notice to Proceed". It is further understood that if the contract is not completed by the foregoing completion date, or the said date as extended pursuant to provisions of this contract, the CONTRACTOR shall be assessed liquidated damages of One Hundred Fifty Dollars ($150) per day for each day the contract is not completed after said date. All Contractors are required to have a Landfill Permit, which includes a minimum escrow account of one thousand dollars ($1,000). If you opt not to set up an escrow account, you must pay as you dispose by cash or cashier's check. C. Perform all work in accordance with the terms of this AGREEMENT and the REHABILITATION SPECIFICATIONS attached hereto. D. Be responsible for obtaining all necessary and general and special permits and pay any and all fees for said permits and any other fees, public or private, which may be required by the United States, the State of Texas, Jefferson County, or the City of Port Arthur, to satisfactorily complete the work as specified and agreed to herein. E. Furnish certificates of insurance to the City's Purchasing Agent evidencing that the CONTRACTOR has obtained Workman's Compensation, General Liability and Automobile Liability Insurance, which is required by the CITY for performance of the work specified here. Minimum amounts of such insurance to be obtained by the CONTRACTOR are as follows: 1. Statutory Texas Workman's Compensation Insurance (with waiver of subrogation in favor of the City, its officers, employees and agents. 2. Commercial General Liability occurrence type insurance (products/ completed operations coverage must be included and the City and its officers, employees, and agents must be named as an additional insured): a. General Aggregate $500,000 b. Products-Comp/Ops Aggregate $500,000 c. Personal & Advertising Injury $500,000 d. Each Occurrence $500,000 e. Fire Damage $ 50,000 3. Commercial Automobile Liability (including owned, non-owned, and hired vehicles coverage). a. Bodily Injury (per person) $300,000 b. Bodily Injury(per accident) $500,000 c. Property Damage $100,000 F. Furnish to the Purchasing Agent, City of Port Arthur, prior to commencing work, certificates of insurance meeting the above listed insurance requirements for any sub- contractors, haulers, or independent workmen used by the CONTRACTOR in performance of the work specified herein. G. Ensure that competent and qualified supervision is present on the job site at all times while work is in progress and that all demolition work is pursued in such a manner as to maximize the safety of all workmen, the general public and surrounding property. H. Comply with the Civil Rights Act of 1964 and Section 109 of the Housing and Community Development Act of 1974, to wit: No person in the United States shall, on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or part with funds made available under this title. SECTION II. THE CITY SHALL: A. Inspect the REHABILITATION work in progress to ensure that such work is being carried out in accordance with the terms of this AGREEMENT and the REHABILITATION SPECIFICATIONS attached hereto. B. Compensate the CONTRACTOR according to the following method: Except as hereinafter provided, payment for the REHABILITATION Contract will be made in a lump sum after completion and acceptance of the contract work. SECTION III General Conditions: A. If performance by the CONTRACTOR is prevented or delayed as a direct result of acts of a public enemy, acts of the property owner, fire, epidemics, or acts of God, such as floods, earthquakes, hurricanes, tornadoes and rain, an extension of one (1) working day of additional time will be allowed to the CONTRACTOR for each working day lost from such cause, provided the CONTRACTOR, within three (3) days after the beginning of such delay, gives written notice to the City. B. If for any reason, other than those specified above, the CONTRACTOR at any time fails for a period of TWO (2) consecutive working days to supply enough skilled workers or otherwise neglects to execute the work properly, the CITY, after these TWO (2) working days may give written notice to the CONTRACTOR terminating his contract. C. The CONTRACTOR shall repair or replace, if necessary, to the Homeowner's and the City's satisfaction, any damage to the work site, the adjacent areas, the access areas to the work site and to any elements within these areas that may have suffered damage as a result of the CONTRACTOR'S or any of the subcontractor's operations. The CONTRACTOR shall leave these areas in a satisfactory and workmanlike condition, at least equal to that existing before the CONTRACTOR hereunder started his work. D. The CONTRACTOR agrees to indemnify and hold harmless the City of Port Arthur, Texas from any and all claims and damages of any and every kind for injury to or death of any person, and damages to property arising out of the demolition. E. Any amendments to this contract shall be written and must be executed by both, the CITY, the HOMEOWNER and the CONTRACTOR prior to the implementation of any such change. F. This CONTRACT and AGREEMENT embodies and represents all of the rights, duties and'obligations of the CITY, the HOMEOWNER and the CONTRACTOR and any oral or written agreements prior to the date first above written, not included or embodied herein shall be declared void and not be binding or of benefit to any of the parties herein mentioned. SECTION IV Particular Requirements: A. Other particular work requirements are contained in the REHABILITATION SCOPE OF SPECIFICATIONS, which are attached hereto in the proposal submitted by McZeal Construction. SIGNED AND AGREED TO this day of September, AD, 2014. MCZEAL CONSTRUCTION BRIAN MCZEAL, OWNER ACKNOWLEDGEMENT State of Texas County of Jefferson Before me, the undersigned authority, personally appeared Brian McZeal, who swears and deposes, that the above mentioned information is true and correct to the best of his knowledge. Signed this , September, 2014. Notary Public, State of Texas SIGNED AND AGREED TO this day of , AD 2014. CITY OF PORT ARTHUR JOHN A. COMEAUX, P.E., INTERIM CITY MANAGER ATTEST: City Secretary McZeal Construction Proposal 2280 Bayou Drive FOR LABOR AND SERVICES Port Arthur, Texas 77640 (409) 963-8781 {409] 962-3831 fax To: City of Port Arthur Housing Department Attention: Mrs. Beverley Freeman NO: 428 DATE: 8- 25-14 FOR LABOR AND SERVICES FURNISHED: Repairing sheetrock damage and painting entire house. Interior only.Also this scope of work will consist of painting back garage and removing trees in front and back yard of home. • Paint living room walls and ceiling • Paint Kitchen walls and ceiling. Clean cabinets and appliances. • Paint Hallway bathrooms. • Replace shower head • Paint Front bed room. • Clean entire house floors. • Pressure wash entire house and garage. Clean and remove all debris from work area. Note: Total for Labor and Materials ** PAYMENTS WILL BE MADE IN 1/3 ** 1. 2. S 4,850.00 3.