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INTEROFFICE MEMORANDUM
Date: October 17, 2023
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Kandy Daniel, Finance Director
RE: P.R. 23361 —Request approval to pay H&P Engineering & Construction per
Developer Participation Agreement.
Introduction: Request approval to pay H&P Engineering and Construction an amount of
$194,863.50 for completion of a Developer Participation Agreement to construct public
improvements related to the Willowwood Lane Townhomes project.
Background: A Developer Participation Agreement with H&P Engineering was approved by
City Council on June 22, 2020. H&P agreed to construct public improvements related to the
Willowwood Lane Townhomes project and the City's participation was not to exceed 30% of
the contract price. The project was completed and resolution 23-439 was approved by City
Council of October 10,2023 to accept the contractor's certificate and close out documents related
to the project.
Budget Impact: Funds are available in the City Managers Special Purpose Account number
001-01-005-5470-000-10-000, project number MA0037 pending a budget amendment which
has been requested on this agenda.
Recommendation: The attached Proposed Resolution No. 23361 requests approval to pay H&P
Engineering and Construction an amount of $194,863.50 for completion of a Developer
Participation Agreement to construct public improvements related to the Willowwood Lane
Townhomes project. We recommend that the City Council approve it as presented.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O. Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R. No. 23361
10/16/23 kd
RESOLUTION NO.
A RESOLUTION AUTHORIZING A PAYMENT TO H&P
ENGINEERING AND CONSTRUCTION IN THE AMOUNT OF
$194,863.50 AS IT PERTAINS TO THE DEVELOPER
PARTICIPATION AGREEMENT BETWEEN THE CITY OF
PORT ARTHUR AND H&P ENGINEERING &
CONSTRUCTION, INC. CONTINGENT ON A BUDGET
AMENDMENT - ACCOUNT NO. 001-01-005-5470-00-10-000,
PROJECT MA0037.
WHEREAS, on June 22, 2020 via Ordinance 20-58 (as amended), pursuant to
§212.071 and §212.072 of the Texas Local Government Code, the City entered into a
Developer Participation Agreement with H&P Engineering & Construction, Inc. for the
proposed development project on 4.658 acres of land located at Willowood Lane in Port
Arthur, Texas; and
WHEREAS, pursuant to Resolution 23-439, on October 10, 2023, the City Council
accepted the contractor's certificate and release and the contractor's certificate of guarantee
from H&P Engineering and Construction, Inc. of Port Arthur for completion of the public
infrastructure improvements for the Willow Lane Townhomes.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the public infrastructure improvements of the Developer
Participation Agreement between the City of Port Arthur and H&P Engineering and
Construction have been completed and the City Manager is authorized to pay H&P
Engineering the amount of $194,863.50.
Section 3. That pursuant to the Developer Participation Agreement, if H & P
Engineering & Construction, Inc., or affiliated companies, does not complete the
improvements of sixty (60) single family residential townhomes by March 2024, then H & P
Engineering & Construction, Inc. will repay the City pursuant to Section 8 of the Agreement.
Section 3. That a copy of the caption of this Resolution be spread upon the Minutes
of the City Council.
READ, ADOPTED AND APPROVED on this day of
A.D., 2023, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the
following vote: AYES:
S.p r23361
Mayor:
Councilmembers:
NOES:
Thurman Bill Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Valecia R. Tizeno,, ' orney
APPROVED FOR ADMINISTRATION:
Ronald Burton, City Manager
Kandy Daniel, Finance Director
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