HomeMy WebLinkAboutPR 23366: WILLOW LANE TOWNHOMES, H&P ENGINEERING AND CONSTRUCTION, INC. Cm of
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: September 29, 2023
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: John Cannetella, City Engineer
RE: PR23366: Willow Lane Townhomes Acceptance of Close Out Documents submitted
from H&P Engineering and Construction, Inc., of Port Arthur, Texas.
Introduction:
The intent of this Agenda Item is to authorize the City Manager to accept the close out documents from
H& P Engineering and Construction, Inc., of Port Arthur, Texas.
Background:
The City of Port Arthur has received for Willow Lane Townhomes an Engineer's Certificate of
Completion, dated December 23, 2022, a Contractor's Certificate and Release, and a Contractor's
Certificate of Guarantee, dated December 12, 2022, from H & P Engineering and Construction, Inc.,
certifying that the public infrastructure improvements have been completed.
Budget Impact:
Funds are not impacted.
Recommendation:
It is recommended that the City of Port Arthur City Council approve PR23366 for the acceptance of an
Engineer's Certificate of Completion,dated December 23,2022,a Contractor's Certificate and Release,
and a Contractor's Certificate of Guarantee, dated December 12, 2022, from H & P Engineering and
Construction, Inc., certifying that the public infrastructure improvements have been completed.
"Remember,we are here to serve the Citizens of Port Arthur"
444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
PR No.23366
9/29/2023 JCC
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF THE
CONTRACTOR'S CERTIFICATE AND RELEASE, THE CONTRACTOR'S
CERTIFICATE OF GUARANTEE FROM H&P ENGINEERING AND
CONSTRUCTION, INC. OF PORT ARTHUR, TEXAS FOR WILLOW
LANE TOWNHOMES AND AUTHORIZING THE CITY MANAGER TO
SIGN THE CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE CITY
OF PORT ARTHUR, TEXAS.
WHEREAS, the City has received for Willow Lane Townhomes an Engineer's
Certificate of Completion, dated December 23, 2022 (attached as Exhibit "A"), a
Contractor's Certificate and Release (attached as Exhibit "B"), and a Contractor's
Certificate of Guarantee, dated December 12, 2022 (attached as Exhibit "C"), from H&P
Engineering and Construction, Inc., of Port Arthur, Texas, certifying that the public
infrastructure improvements have been completed; and,
WHEREAS, pursuant to Resolution No. 23- , the City accepted a Public Water
and Wastewater Utility Easement from H&P Engineering & Construction, Inc. for the
Willow Lane Townhomes Development for the purpose of installing, maintaining,
operating, and replacing public utilities, under, through, and across a portion of their
property in the City of Port Arthur; and,
WHEREAS, representatives from the Public Works Department and Utility
Operations Department have inspected the completed Rice Farm Road Roadway, and the
internal Willow Lane Townhomes drainage, water, and sewer improvements; and,
WHEREAS, approval of PR23366 is herein deemed an appropriate action; now,
therefore,
PR No.23325
9/11/2023 mje
Page 2 of 3
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT, the facts and opinions in the preamble are true and correct; and,
THAT, the City Manager is hereby authorized to execute, on behalf of the City of
Port Arthur, a Certificate of Acceptance to Willow Lane Townhomes for the public
infrastructure improvements associated with Willow Lane Townhomes, attached, and
made a part hereof as Exhibit "D"; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the
City Council.
READ, ADOPTED AND APPROVED this the day of , A.D.
2023 at a meeting of the City of Port Arthur, Texas by the following
vote: Ayes: Mayor:
Councilmembers:
Noes:
Thurman Bill Bartle
Mayor
ATTEST:
Sherri Bellard
City Secretary
PR No.23366
9/29/2023 JCC
Page 3 of 3
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
Valecia Tizeno, Esquire Ron Burton, CPM
City Attorney City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
n CA,p
Kandy K. Daniel
Director of Finance
Flozelle C. Roberts, EIT, MEng, MBA, CPM
Director of Public Works
Clifton Williams, CPPB
Purchasing Manager
EXHIBIT A
ENGINEERS CERTIFICATE OF COMPLETION
PROJECT: Single family residential townhomes on approximately 4.658 acres of land
located at 7800 Willowwood Lane, Port Arthur, Texas
DATE OF ISSUANCE: December 12, 2022
ENGINEER: H&P Engineering&Construction Inc.
This Engineers Certificate of Completion certifies that improvements have been made in
accordance with his plans and specifications,and/or modifications thereto,as specified in City of
Port Arthur Subdivision Ordnance Sec. 9&62 Acceptance.
To: . City of Port grthur
From: H&P Engineering&Construction Inc.
The work for which this Certificate applies, and the Work is hereby declared to be cornplete in
keeping with the Contract Documents on:
December 12,2022
DATE OF COMPLETION
Executed on this 12th day of December 2022
H&P Engineering &Construction Inc, OF T,
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By: •
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EXHIBIT B
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: H & P ENGINEERING &CONSTRUCTION INC
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(Owner)
FOR THE DEVELOPMENT PARTICIPATION CONTRACT ENTERED INTO DATED AUGUST 03,
2020
BETWEEN THE CITY OF PORT ARTHUR
(Owner)
AND H & P ENGINEERING &CONSTRUCTION INC
(Name of Contractor)
OF 8460 CENTRAL MALL DRIVE SUITE M PORT ARTHUR TEXAS
(City and State)
FOR THE: 30% OF THE CONTRACT PRICE OF $649,545 OR $194,863.50 FOR THE PUBLIC
INPROVEMENT ON 4.658 ACRES TRACT OF LAND LOCATED IN WILLOWOOD LANE
IN THE CITY OF PORT ARTHUR TEXAS
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 approved change orders and modifications the balance of:
NONE
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:
NONE
3. The undersigned further certifies that ail work required under this contract, including all Change
Orders, 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 modification or change thereof.
5. That, in consideration of the payment of the amount stated in Paragraph 1 here of, the
undersigned does hereby release the Owner and Operator from any and 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 for any reason, the Owner does not pay in full the 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,
1 of 2
upon the payment of the amount listed in Paragraph 2 hereof, and of any 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 said contract or modification thereof, and will execute such
further releases or assurances as the Owner and Operator may request.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this
day of , 20
H & P ENGINEERING &CONSTRUCTION INC
(Contractor)
BY:
(Hassan Shomalzadeh)
, being first duly sworn on oath, deposes and says, first,
that he is the President of H &P ENGINEERING &CONSTRUCTION INC
(Title) (Name of Contractor)
Second, that he has read the foregoing certificate by him subscribed as President
(Title)
of H & P ENGINEERING & CONSTRUCTION INC
(Name of Contractor)
Affiant further states that the matters and things stated herein are true.
(Hassan Shomalzadeh)
Subscribed and sworn to before me this day of , 20 18 .
My commission expires
(Date)
(Notary Public)
Seal:
2 of 2
EXHIBIT C
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: H & P ENGINEERING &CONSTRUC I ION INC
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(Owner)
FOR THE DEVELOPMENT PARTICIPATION CONTRACT ENTERED INTO DATED AUGUST 03,
2020
BETWEEN THE CITY OF PORT ARTHUR
(Owner)
AND H & P ENGINEERING &CONSTRUCTION INC
(Name of Contractor)
OF 8460 CENTRAL MALL DRIVE SUITE M PORT ARTHUR TEXAS
(City and State)
FOR THE: 30% OF THE CONTRACT PRICE OF $649,545 OR $194,863.50 FOR THE PUBLIC
INPROVEMENT ON 4.658 ACRES TRACT OF LAND LOCATED IN WILLOWOOD LANE
IN THE CITY OF PORT ARTHUR TEXAS
KNOW ALL MEN BY THESE PRESENTS:
1. The undersigned does hereby guarantee all of the work done under the above referenced contract
to be free from improper workmanship and free from faulty materials, and that all work was
performed in accordance to the guidance and instructions received from the City of Port Arthur
according to the terms of the aforesaid contract.
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 action taken by the City Council of the City of Port Arthur
accepting this work.
3. This Certificate is given in connection of the one time payment under the contract between the
Owner and H & P ENGINEERING & CONSTRUCTION INC and with the knowledge that it will be
relied upon in making such payment and that such payment would not be made except upon the
truth of the matter concerned in this affidavit.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this '2
day of % e4rcvi/ /', 20 .7 Z.
H & P ENGINEERING & CONSTRUCTION INC
(Contractor)
f (44,2
BY: ` 1 z '
assan Shomalzadeh)
1 of 2
, being first duly sworn on oath, deposes and says, first,
that he is the President of H & P ENGINEERING &CONSTRUCTION INC
(Title) (Name of Contractor)
Second, that he has read the foregoing certificate by him subscribed as President
(Title)
of H & P ENGINEERING &CONSTRUCTION INC .
(Name of Contractor)
Afflant further states that the matters and t 'Ns stated er • are rue.
(Hassan Shomalzadeh)
Subscribed and sworn to before me this l day of:bee ell) 6,,K , 20 2 2
My commission expires I /` Z II— 20 2 3 .
(Date)
1-...__.._CHARLOTTE SFtAGlUET ilt
—...- iit ri � 11'
1A1Y AGBt, Notary Pubiic , 6i ei C V
* State of Texas +
(Notary Pubiic)
mf e4 ID#196861.4 i Z.'
'4e tw} My Comm.Expires 11/24/2023
Seal:
2 of 2
EXHIBIT D
CERTIFICATE OF ACCEPTANCE
FOR
Completion of Streets, Drainage, Water, Sewer, and Other Public
Infrastructure for Single family residential townhomes on approximately
4.658 acres of land located at 7800 Willowwood Lane, Port Arthur, Texas
IN THE
CITY OF PORT ARTH U R
TO: H&P Engineering & Construction Inc.
This is to certify that the City of Port Arthur,Texas, accepts the completion of the streets,
drainage system, water lines, sanitary sewer lines, and other public infrastructure for
Single family residential townhomes on approximately 4.658 acres of land located at 7800
Willowwood Lane, Port Arthur, Texas, on the basis of the Engineer's Certificate of
Completion as executed by M. H. Shomalzadeh, P.E.; and the Contractor's Certiificate of
Guarantee and Contractor's Certificate and Release, both as executed by Hassan
Shomalzadeh, of H&P Engineering & Construction Inc.
Note: Street will remain as a private road and maintained by developer.
4
Ronald Burton,
City Manager
Attest:
City Secretary