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HomeMy WebLinkAboutPR 24424: CHANGE ORDER N. 1 TO THE CONTRACT WITH JAMES W. TURNER CONSTRUCTION, LTD, COMPLETION OF FOUR (4) HOMES INTEROFFICE MEMORANDUM Department of Development Services Division of Housing and Neighborhood Revitalization Date: July 2, 2025 To: Ron Burton, CPM, City Manager Mayor and City Council From: Beverly A. Freeman, Housing &Neighborhood Revitalization Manager RE: Proposed Resolution No. 24424 NATURE OF REOUEST: The Housing & Neighborhood Revitalization Division recommends that the City Council approve Proposed Resolution No. 24424, authorizing the City Manager to execute Change Order No. 1,accept the close out documents and approve the final payment in the amount of$38,192.10 to James W. Turner Construction, LTD, of Tomball, Texas, for the completion of the reconstruction, (i.e., demolition and rebuilding) of four (4) homes, as authorized by Resolution No. 24-430. STAFF ANALYSIS/CONSIDERATIONS: Per Resolution No. 24-430, a contract was approved with James W. Turner Construction, LTD of Tomball, Texas, for the reconstruction(i.e., demolition and rebuilding) of four(4) homes in the total projected amount of$774,760.00, which included a$20,000.00 contingency. The homes were completed at the following costs: 1) 2649 10th Street for $189,440.00; 2) 3237 15th Street for $186,440.00; 3) 4011 15th Street for $189,440.00; and 4) 3418 15th Street for $189,449.68, for a total cost of$754,769.68. However, James W. Turner Construction, LTD submitted Change Order No. 1 requesting the use of$9,080.32 from the project's contingency fund to cover additional work related to the demolition and rebuilding of the individual homes as follows: • 2649 10th Street— $1,002.41 increase from the original cost of$189,440.00, bringing the new total to $190,442.41. The increase is due to the removal of an additional 4 inches of concrete sidewalk that was buried in the yard; and • 3237 15th Street—$5,427.40 increase from the original cost of$186,440.00, bringing the new total to $191,867.40. The increase is due to the removal of a 4-inch concrete slab originally designated to remain, but later determined to impede construction of the new home and violate City ordinance requirements; and placement of an additional 352 square feet of concrete beyond the agreed composite pricing to provide two-car off-street parking and connect the garage to the front parking area for a total cost of; and • 4011 15th Street—$2,650.51 increase from the original cost of$189,440.00, bringing the new total to $192,090.51. The increase is due to the removal and replacement of 30 square feet of existing flatwork at the garage apartment to connect the main water supply line to the new home, as well as the resurfacing of 760 square feet of freshly poured flatwork due to vandalism. The change order resulted in a revised total construction cost of$763,840.32, representing a net decrease from the original contract amount of$774,760.00. Additionally, James W. Turner Construction has also submitted the final invoices, Conditional Waiver and Release on Final Payment for the reconstruction of four homes, certifying that the work has been inspected, approved, and deemed complete in accordance with the contract documents. James W. Turner Construction has completed the contracted project to the satisfaction of the Housing & Neighborhood Revitalization Division, U.S. Department of Housing and Urban Development, and all Federal, State, and Local Codes and Ordinances. BUDGET CONSIDERATION: Funding will be provided from CDBG Account No. 105-13-033-5470-00-40-000. Project Numbers CD5118 and CD23 115 RECOMMENDATION: The Housing&Neighborhood Revitalization Division recommends the City Council authorize the City Manager to execute Change Order No. 1,accept the close-out documents, and authorize final payment in the amount of$38,192.10 to James W. Turner Construction, LTD, of Tomball, Texas. P.R. No. 24424 7/2/2025 BAF RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 TO THE CONTRACT WITH JAMES W. TURNER CONSTRUCTION, LTD OF TOMBALL, TEXAS, TO UTILIZE $9,080.32 FROM THE PROJECT'S CONTINGENCY FUND TO COVER ADJUSTMENTS TO INDIVIDUAL HOME RECONSTRUCTION COSTS (I.E., DEMOLITION AND REBUILDING),RESULTING IN A DECREASE TO THE ORIGINAL CONTRACT AMOUNT FROM $774,760.00 TO A NEW TOTAL CONTRACT AMOUNT OF $763,840.32; AND FURTHER AUTHORIZING THE ACCEPTANCE OF CLOSE-OUT DOCUMENTS AND THE APPROVAL OF FINAL PAYMENT IN THE AMOUNT OF $38,192.10 FOR THE COMPLETION OF FOUR(4) HOMES. FUNDING IS PROVIDED FROM CDBG ACCOUNT NO. 105-13-033-5470-00-40-000, PROJECT NUMBERS CD5118 AND CD23115 WHEREAS, pursuant to Resolution No. 24-430, the City Council authorized a contract with James W. Turner Construction,LTD of Tomball,Texas,for the reconstruction(i.e.,demolition and rebuilding) of four (4) homes in the total projected amount of$774,760.00, which included a contingency of$20,000.00); and WHEREAS,the homes were initially completed at the following costs: 1)2649 10th Street for $189,440.00; 2) 3237 15th Street for$186,440.00; 3) 4011 15th Street for$189,440.00; and 4) 3418 15th Street for $189,449.68, fora total cost of$754,769.68; and WHEREAS, James W. Turner Construction, LTD submitted Change Order No. 1 requesting the use of $9,080.32 from the project's contingency fund to cover additional work related to the reconstruction of individual homes described as follows: • 2649 10th Street— $1,002.41 increase from the original cost of$189,440.00, bringing the new total to $190,442.41. The increase is due to the removal of an additional 4 inches of concrete sidewalk that was buried in the yard; and • 3237 15th Street— $5,427.40 increase from the original cost of$186,440.00, bringing the new total to $191,867.40. The increase is due to the removal of a 4-inch concrete slab originally designated to remain, but later determined to impede construction of the new home and violate City ordinance requirements; and placement of an additional 352 square feet of concrete beyond the agreed composite pricing to provide two-car off-street parking and connect the garage to the front parking area for a total cost of; and • 4011 15th Street—$2,650.51 increase from the original cost of$189,440.00, bringing the new total to $192,090.51. The increase is due to the removal and replacement of 30 square feet of existing flatwork at the garage apartment to connect the main water supply line to the new home, as well as the resurfacing of 760 square feet of freshly poured flatwork due to vandalism; and WHEREAS,the change order resulted in a revised total construction cost of$763,840.32, representing a net decrease from the original contract amount of$774,760.00; and WHEREAS, James W. Turner Construction has submitted the final invoices and the Conditional Waiver and Release on Final Payment, as outlined in Exhibits B through E, for the reconstruction of four homes, certifying that the work has been inspected, approved, and deemed complete in accordance with the contract documents; and WHEREAS, James W. Turner Construction has completed the contracted project to the satisfaction of the Housing&Neighborhood Revitalization Division,U.S.Department of Housing and Urban Development, and all Federal, State, and Local Codes and Ordinances; and WHEREAS,the approval of Change Order No. 1, acceptance of the close-out documents and authorizing the final payment is deemed an appropriate action herein. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council hereby authorizes the City Manager to execute Change Order No. 1 (Exhibit A), accept the Close-Out documents submitted by James W. Turner Construction, LTD of Tomball, Texas the completion of 2649 10th Street (Exhibit B); 1418 15th Street(Exhibit C); 3237 15th Street(Exhibit D); and 4011 15th Street(Exhibit E). Section 3. That the City Council further authorizes the City Manager to release the final payment in the total amount of $38,192.10 to James W. Turner Construction, LTD of Tomball, Texas for the completion of the project. Section 4. That a copy of the caption of this Resolution should be spread upon the minutes of the City Council. READ,ADOPTED,AND APPROVED this day of ,2025,at the Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following Vote: AYES: MAYOR: COUNCILMEMBERS: NOES: CHARLOTTE M. MOSES, MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED AS TO FORM: ) ROXANN PAIS COTRONEO, CITY ATTORNEY APPROVE R ADMINISTRATION: RONALD BU 0 , CPM, CITY GER BEVERLY FREE N, HOUSING &NEI BORHOOD REVITALIZATION MANAGER 001(4 LA,. CLIFTON WILLIAMS, CPPB, PURCHASING MANAGER APPROVED AS TO AVAILABILITY OF FUNDS: 14 ee2 l_ la_.,j j(tt el( LYNDA OSWELL, DIRECTOR OF FINANCE EXHIBIT " A " Change Order No. 1 SUMMARY OF CHANGE ORDER ORIGINAL AGREEMENT DATE: November 06, 2024 PROJECT DESCRIPTION: Reconstruction(i.e., demolition and rebuilding) of four(4)homes ORIGINAL CONTRACT AMOUNT: $774,760.00 (which included a contingency amount of $20,000.00) CHANGE ORDER NO. 1: Location Original Amount Change Order Adjustment Revised Total 2649 10th Street $189,440.00 +$1,002.41 $190,442.41 3237 15th Street $186,440.00 +$5,427.40 $191,867.40 4011 15th Street $189,440.00 +$2,650.51 $192,090.51 3410 15th Street $189,440.48 $0.00 $189,440.48 Total Increase +$9,080.32 CONTINGENCY FUND ADJUSTMENT: Description Amount Original Contingency $20,000.00 Contingency Used $9,080.32 Contingency Remaining $10,919.68 CONTRACT AMOUNT SUMMARY: Description Amount Original Contract Amount $774,760.00 Less: Unused Contingency Funds —$10,919.68 New Total Contract Amount $763,840.32 NEW CONTRACT DAYS: NO CHANGES Invoice From: James W.Turner Construction, Ltd. Invoice#: JWTC-CO1 14215 Mary Jane Lane Date: May 7, 2025 Tomball,TX 77377 Bill To: City of Port Arthur Contract/Work Order/Zone: CDBG Reconstruction Program 23954/City of Port Arthur Reconstruction of 4 Homes Description of Completed Work: Change Order#1 -2649 10th St CQ ` c 5 $ 1,002.41 Change Order#1 -3237 15th St — 1 \3-033-5410_00_46-coo _e Q i1$ $ 5,427.40 Change Order#1 -4011 15th St C Z.),311 S ' Q A�' 0 S $ 2,650.51 QVAA(Vt* (a\ - t • INVOICE TOTAL: $ 9,080.32 Thank you for your business! Please remit payments to: James W.Turner Construction,Lid. �0` Ass OV 614A/(� 14215 Mary Jane Lane V Tomball,TX 77377 CHANGE ORDER NO. 1 Resolution No. 24-430 ORIGINAL AGREEMENT DATE: 12-10-2024 PROJECT DESCRIPTION: 2649 10th St, Port Arthur CHANGE IN SCOPE: _Demolition and haul off of 99 Sqft of concrete sidewalk that was buried under_ _ __ __several inches of dirt. Buried concrete was discovered by the gas company during underground line installation. CHANGE TO CONTRACT AMOUNT:. ORIGINAL CONTRACT PRICE: $_189,440.00 CURRENT CONTRACT PRICE(adjusted by previous CHANGE ORDER): $189 440.00 The Contract Amount due to this CHANGE ORDER will increase by: $ 1.002.41 m_ The new CONTRACT AMOUNT including the CHANGE ORDER will be:$190442.41 ORIGINAL CONTRACT DAYS: _90_ NEW CONTRACT DAYS: __90_ SIGNED AND AGREED TO on the 7th_-day of May 2025. James W.Turner C rtion,LTD BY: Print Name: //4 L Gforsst")— Title: __ 6:rlt rw( WU, ,- /t SIGNED AND AGREED TO on the 7 ti- day of—7,4 —____,2025. CITY OF PORT ARTHUR 4-.. BY: 15 -_ BEVERLY EEMAN HOUSING DIRECTOR SIGNED AND APPROVED on the __day of ,2025. BY: RONALD BURTON,CPML CITY MANAGER (,,03115" )1)43 JWTCQ JWTC Estimated Cost of Repairs 2649 10TH_ST CO1 2649_10TH_ST CO1 DESCRIPTION QTY REMOVE REPLACE *TOTAL 1. Remove Concrete slab on grade-4"-finished in place 99.00 SF 3.48 0.00 344.52 Removal of a old sidewalk that was buried in the yard. 3. Haul debris-per pickup truck load-including dump fees 4.00 EA 163.83 0.00 655.32 Broken remains of sidewalk must be disposed of. Total: 2649 10TR ST C01 Labor Minimums Applied 999.84 DESCRIPTION QTY REMOVE REPLACE *TOTAL 4. Miscellaneous concrete labor minimum 1.00 EA 0.00 2.57 2.57 Totals: Labor Minimums Applied it '/ 2.57 Line Item Totals:2649 10TH_ST_COl f 1,002.41 . , i'II, *Price is inclusive of sales tax paid at point of purchase 2649_10TH_ST CO1 4/14/2025 Page:2 JWTC JWTC Estimated Cost of Repairs Property: 2649 10th Street Port Arthur,TX 77640 Claim Number: Policy Number: Type of Loss: Hurricane Date of Loss: 8/25/2017 12:00 AM Date Inspected: Date Received: Date Entered: 4/14/2025 11:43 AM Price List: TXBM8X APR24 Restoration/Service/Remodel Estimate: 2649_10TH ST CO1 CHANGE ORDER NO. 1 Resolution No. 24-430 ORIGINAL AGREEMENT DATE: 11-06-2 024 PROJECT DESCRIPTION: 3237 15th St.Port Arthur,TX. 77642 / CHANGE IN SCOPE: Demolished 880 Sq-ft of Existing Flat work. Poured an Additional 352 Sq ft of Flat-work. . CHANGE TO CONTRACT AMOUNT: ORIGINAL CONTRACT PRICE:$ 186,440.00 CURRENT CONTRACT PRICE(adjusted by previous CHANGE ORDER):$ 186,440.00 The Contract Amount due to this CHANGE ORDER will increase by:$ 5,427.40 The new CONTRACT AMOUNT including the CHANGE ORDER will be:$ 191,867.40 ORIGINAL CONTRACT DAYS: 90 NEW CONTRACT DAYS: 90 SIGNED AND AGREED TO on the 7th day of May ,2025. James W.Tur 7nstruction,LTD By: Print Name: 164.C.. 676556I1/ Title: (Cvtt-+a/► 44.9404-411—XP SIGNED AND AGREED TO on the j _day of 4 ,2025. CITY OF PORT ARTHUR \--6.11A.Al BY: BEVERL FREEMAN HOUSING DIRECTOR SIGNED AND APPROVED on the day of 32025. BY: RONALD BURTON,CPM, CITY MANAGER C,.0'0115• i N 3 JWTC1 James W. Turner Construction,Ltd. Property: 3237 15th Port Arthur,TX 77642 Claim Number: Policy Number: Type of Loss: Date of Loss: Date Received: Date Inspected: Date Entered: 4/3/2025 3:14 PM Price List: BEAUMONT_JWTCS_22 Restoration/Service/Remodel Estimate: 3237 15TH COI ,�VV'I'C1 James W.Turner Construction,Ltd. 3237_15TH_COl 3237_15TH_CO1 DESCRIPTION QTY UNIT PRICE TAX RCV DEPREC. ACV DWELLING 1. Remove Concrete slab on grade-4"-finished in 880.00 SF 4.05 0.00 3,564.00 (0.00) 3,564.00 place Demolished 880 sq ft of existing flat work that originally was deemed to stay. Had to be removed due to impediment of new new home and compliance with city ordinance requirements. 3. Concrete slab on grade-4"-finished in place 352.00 SF 5.17 43.56 1,863.40 (0.00) 1,863.40 Poured an additional 352 sq ft of concrete additionally beyond agreed composite pricing for 2 car-off street parking requirement to connect garage and front parking area along the left side of home. Dwelling Totals: 43.56 5,427.40 5,427.40 Total: 3237_ISTH_COI 43.56 5,427.40 0.00 5,427.40 3237_15TH_CO1 4/3/2025 Page:2 CHANGE ORDER NO. 1 Resolution No. 24-430 ORIGINAL AGREEMENT DATE: 11-06-2024 PROJECT DESCRIPTION: 4011 15th St. Port Arthur,TX. 77642 tM/' CHANGE IN SCOPE: _Remove&Replace 30 sq-ft of Pre-Existing flat-work to connect waterline. Re-Surfaced 760 Sq-ft of flat-work due to vandalism. CHANGE TO CONTRACT AMOUNT: ORIGINAL CONTRACT PRICE: _ $ 189,440.00 CURRENT CONTRACT PRICE(adjusted by previous CHANGE ORDER):$ 189,440.00 The Contract Amount due to this CHANGE ORDER will increase by:$ 2,650.51_ The new CONTRACT AMOUNT including the CHANGE ORDER will be: $ 192z090.51 ORIGINAL CONTRACT DAYS: 90 NEW CONTRACT DAYS: 90 SIGNED AND AGREED TO on the 7th day of MaY 2025. James W.Turner C ction,LTD By: Print Name: ,rif4L 6ies5 l Title: tK� � l ►^��r— �t/p__ t . q SIGNED AND AGREED TO on the( day of J v i t?� _,2025. • ti CITY OF PORT ARTHUR BY: '. .kir BEVERLY FREEMAN HOUSING DIRECTOR SIGNED AND APPROVED on the_day of ,2025. BY: RONALD BURTON,CPM, CITY MANAGER ,.„/ JWTCI James W.Turner Construction,Ltd. Property: 4011 15th St Port Arthur,TX 77642 Claim Number: Policy Number: Type of Loss: Date of Loss: Date Received: Date Inspected: Date Entered: 4/3/2025 3:07 PM Price List: BEAUMONT_JWTCS_22 Restoration/Service/Remodel Estimate: 4011 15TH CO1 JWTCt James W. Turner Construction,Ltd. 4011_15TH CO1 4011_15TH_CO1 DESCRIPTION QTY UNIT PRICE TAX RCV DEPREC. ACV DWELLING 3. Concrete floor sawing-4"slab 40.00 LF 11.66 0.00 466.40 Remove and replace 30 sq ft of existing flat work for garage apartment due to having to connect main water supply line to new home. 466.40 1. R&R Concrete slab on grade-4"-finished in place 30.00 SF 9.22 3.71 280.31 Remove and replace 30 sq ft of existing flat work for garage apartment due to having to connect main water supply line to new home. 280.31 4. Concrete resurfacing-grind and refinish 760.00 SF 2.50 3.80 1,903.80 (0.00) 1,903.80 Needed to re-surface 760 sq ft of freshly poured flat work due to vandalism. Dwelling Totals: 7.51 2,650.51 2,650.51 Total: 4011 15TH_CO1 7.51 2,650.51 0.00 2,650.51 i 4011_15TH CO1 4/3/2025 Page:2 EXHIBIT " B " Conditional Waiver and Release on Final Payment And Invoice 264910thStreet-10 2649 10th Street CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT City of Port Arthur CDBG Project Reconstruction Program Job No. 2649 10th Street, Port Arthur On receipt by the signer of this document of a check from City of Port Arthur (maker of check) in the sum of James W. Turner $ 9,522.12 payable to Construction, Ltd. (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property of Delores Williams 10%Retain-age for Reconstruction (owner) located at 2649 10th Street, Port Arthur(location) to the following extent: work completed (job description). This release covers the final payment to the signer for all labor, services, equipment, or materials furnished to the property or to Delores Williams (person with whom signer contracted). Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release. Date 6/30/2025 James W. Turner Construction, Ltd(company name) By (Signature) Sr. DR Progra Compliance Director (Title) NOTE: Section 53.281(b)(2), Texas Property Code, requires that the above form be notarized. TIFFANY F WARD . NOTARY PL)8L1 STATE OF'TEXAS MY COMM.EXP.092803 NOTARY ID 1339840E.3 Notary Signature: Notary Printed Name: Tiffs Ward Commission Expiration: 9/26/2026 Jwrrcf • Building Contractor Name: James W.Turner Construction,Ltd. Building Contractor Address/City/State: 14215 Mary Jane Ln.,Tomball,TX 77377 Invoice Number: 264910thStrcet-10 Building Contractor Phone Number: 281-290-9011 Invoice Submit Date: June 24,2025 Contract/Work Order/Zone: 23954/City of Port Arthur Builder Zone/Plan Name: City of Port Arthur/2/2 Tax ID/VIN#: Tax ID 76-0478487/VIN 17604784870 Draw Type: Retainage Total Requested: S 9,522 12 Service Period Begin Date: April 24,2025 Service Period End Date: May 24,2025 FY2024 FY2025 S 9,522.12 11.17 Line Item I Total Cost I Progress Draws Final Payment Retainage Total Requested Remaining Balance SUE WORK S 4,736.00 S 4,736.00 5 - $ 236.80 $ 236.80 $ - FOUNDATION S 24,627.20 S 24,627.20 S - $ 1,081.36 S 1081.36 $ - FLAT WORK S 4,736.00 $ - $ 4,736.00 $ 386.80 $ 386.80 $ - PLUMBING S 14,208.00 $ 5,600.00 $ 8,608.00 $ 710.40 $ 710.40 $ - ELECTRICAL S 13,260.80 S - $ 13,260.80 $ 663.04 $ 663.04 $ - FRAMING S 27,468.80 $ 27,468.80 $ - $ 1,373.44 S 1,373.44 $ - DOORS&WINDOWS S 6,630.40 $ 6,630.40 $ - S 331.52 $ 331.52 $ - INSULATION S 4,736.00 S - $ 4,736.00 $ 236.80 $ 236.80 $ - EXTERIOR SURFACE S 9,472.00 $ 9,472.00 S $ 473.60 S 473.60 $ INTERIOR SURFACE S 8,524 80 S - S 8,524.80 $ 426.24 $ 426.24 $ - MECHANICAL S 13,260.80 S - S 13,260.80 $ 663.04 $ 663.04 $ - FINISH CARPENTRY S 4,73600 S - $ 4,736.00 $ 236.80 $ 236 80 $ - CABINETS S 14,208.00 $ - S 14,208.00 S 710.40 $ 710.40 $ - APPLIANCES $ 3,788.80 $ - $ 3,788.80 $ 189.44 S 189.44 $ - FLOORING $ 8,524.80 $ - $ 8,524.80 $ 426.24 $ 426.24 $ - PAINT S 8,524.80 $ - $ 8,524.80 S 426.24 $ 426.24 $ - ROOFING S 13260.80 $ 13,260.80 $ - $ 663.04 $ 663.04 $ - FINISH DETAILS S 947.20 $ - S 947.20 $ 47.36 $ 47.36 $ - LEAD BASED PAINT $ - S - $ - $ - $ - $ - MISCELLANEOUS $ 3,788 80 $ 3,000.00 $ 788.80 $ 189.44 $ 189.44 $ - CHANGE ORDER I $ 1,002.41 $ 1,002.41 $ 50.12 $ 50.12 Total Expensed $ 190,442.41 $ 94,795.20 $ 95,647.21 $ 9,522.12 $ 9,522.12 $ - Escrow $ - $ $ Amount Paid 190,442.41 $ 94,795.20 $ 95,647.21 $ 9,522.12 $ 9,522.12 $ - Under penalties of perjury,1/we certify that the information presented in this document is true and accurate to the best of my knovVedge and belief.1/We further understand that providing false representations herein constitutes an act of fraud.False,misleading or incomplete information may result in my ineligibility to participate in this program or any other programs that will accept this document Additionally,if I/we receive future funding for the same purpose of the CDBG.DR finds,I/we will agree to repay the assistance that was duplicated. NVarning:Any person who knowingly makes a false claim or statement to HID may be subject to civil or criminal penalties under 18 U.S.C.287,1001 and 31 U.S.C. 1 3729. JWTC Contractor Authority: t /t ,�,t1Lsa.�.1.) ��F,NA4 Cgti Texas General Land Office 3 Community Development and Revitalization Form 11.24 Conditional Waiver and Release on Final Payment pplicant/Co-Applicant Information GLO's Designated Representative("GDR"): Contract No. and/or WO: City of Port Arthur Applicant Name:Delores Williams Co-Applicant Name: n/a Physical Address: 2649 10th Street City:Port Arthur State: Texas ZIP Code:77642 Project Type(Rehabilitation,Reconstruction, etc.):Reconstruction Contractor Information Contractor Name: Contractor Contract Number (if applicable): James W.Turner Construction,Ltd. 23954 Contractor Address: Contractor City/State/ZIP Code: 14215 Mary Jane Ln. Tomball,TX 77377 Reserved Funds: 10% Contractor Requested Amount: $9,522.12 State of Texas § County/Parish of Harris § BEFORE ME, the undersigned authority, on this day personally appeared Affiant, also known as Contractor Authorized Representative who, after being by me duly sworn, deposes, and having personal knowledge of the matters set forth herein and says the following: "Affiant has full authority to make this affidavit. On receipt by Contractor of payment from the General Land Office("GLO") in the Contractor Requested Amount(listed above),paid by the bank on which it is drawn,this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance,rule,or statute related to claim or payment rights for persons in Contractor's position that Contractor has on the Property. This release covers the final payment to Contractor for all labor, services, equipment, or materials furnished to the Property or to the GLO. Before any recipient of this document relies on this document,the recipient should verify evidencelof payment to Contractor. Affiant warrants that Contractor has already paid or will use the funds received from this final payment to promptly pay in full all of Contractor's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above-referenced Property up to the date of this waiver and release. Payments that are still due and payable by Contractor to laborers, subcontractors,materialmen,and suppliers are as follows: Name of Payee Address and Telephone Number,if Amount Owed Anticipated Payment Date kn N/A N/A N/A N/A Form 11.24—Conditional Waiver and Release on Final Payment October 2023 Page 1 of 2 Disclaimer:The Texas General Land Office has made every effort to ensure the information contained on this form is accurate and in compliance with the most up-to- date CDBG-DR and/or CDBG-MIT federal rules and regulations, as applicable. It should be noted that the Texas General Land Office assumes no liability or responsibility for any error or omission on this form that may result from the interim period between the publication of amended and/or revised federal rules and regulations and the Texas General Land Office's standard review and update schedule. Other than the above-specified bills owed to the referenced persons, Contractor is not aware of any unpaid bills, claims, demands, or causes of action by any of its subcontractors, laborers, suppliers, or materialmen for or in connection with the furnishing of labor or materials, or both, for the construction, renovation, or repair of improvements located on or related to the Property. Affiant further understands that this Affidavit is being given pursuant to and in accordance with Sections 53.085 and 53.259 of the Texas Property Code and that the intentional, knowing, or reckless making of a false or misleading statement in this Affidavit constitutes an offense under this Section and is a misdemeanor. Affiant warrants that Contractor hereby indemnifies the GLO, its officers, employees, and designees, and the State of Texas from and against any loss or expense resulting from false or incorrect information within this Affidavit." Warning: Any person who knowingly makes a false claim or statement to HUD may be subject to civil or criminal penalties under 18 U.S.C.287, 1001 and 31 U.S.C.3729. Certification of Contractor Printed Name of Contractor: James W. Turner Construction,Ltd. Printed Name of Contractor Authorized Representative: Title of Contractor Authorized Representative: Lindsey Baumgardner Compliance Manager Signature of Contractor Authorized Representative ' Date: 6/30/2025 A Notary's Acknowledgment State of Texas § County/Parish of Harris § Before me, a notary public, on this day personally appeared Lindsey Baumgardner (name) acting in his/her capacity as Compliance Manager (title) for James W. Turner Construction, Ltd. (Contractor), known to be Contractor Authorized Representative and Affiant and known to me to be the person whose name is subscribed to the foregoing document and, being by me first duly sworn, declared that the statements therein contained are true and correct. Signature of Notary NOTARY SEAL Tiffany F. Ward :4CJ<[C{YCCpy tt�[tRf� ��f, Notary Public—Printed NameTIFFANY F WARD NOTARY PUBLIC R, • STATE OF TEXAS 9/26/2026COMM.EXP.09/26/26 Date Notary's Commission Expires NOTARY ID 13394406.3 Form 11.24—Conditional Waiver and Release on Final Payment October 2023 Page 2 of 2 Disclaimer: The Texas General Land Office has made every effort to ensure the information contained on this form is accurate and in compliance with the most up-to- date CDBG-DR and/or CDBG-MIT federal rules and regulations, as applicable. It should be noted that the Texas General Land Office assumes no liability or responsibility for any error or omission on this form that may result from the interim period between the publication of amended and/or revised federal rules and regulations and the Texas General Land Ofce's standard review and update schedule. EXHIBIT " C " Conditional Waiver and Release on Final Payment And Invoice No. 341815thStreet-10 3418 15th Street CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT City of Port Arthur CDBG Project Reconstruction Program Job No. 3418 15th Street, Port Arthur On receipt by the signer of this document of a check from City of Port Arthur (maker of check) in the sum of James W. Turner Construction, Ltd. $ 9,472.00 payable to (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property of Wanda Green 10%Retain-age for Reconstruction (owner) located at 3418 15th Street, Port Arthur(location) to the following extent: work completed (job description). This release covers the final payment to the signer for all labor, services, equipment, or materials furnished to the property or to Wanda Green (person with whom signer contracted). Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release. Date 6/30/2025 James . Turner Construction, Ltd.(Company name) By (Signature) Sr. DR Proqr m & Compliance Director (Title) NOTE: Section 53.281(b)(2), Texas Property Code, requires that the above form be notarized. ,, TIFFANY FPUBLIC WARD N T k STAATEE O OF TEXAS �y, MY COMM.EXP.0928/26 T)O.Ad NOTARY IC t33D8r .3 Notary Signature: Notary Printed Name: Tiffa4Ward Commission Expiration: 9/26/2026 jwrc Building Contractor Name: James W.Turner Construction,Ltd. Building Contractor Address/City/State: 14215 Mary Jane Ln.,Tomball,TX 77377 Invoice Number: 341815thStreet-10 Building Contractor Phone Number: 281-290-9011 Invoice Submit Date: June 24.2025 Contract/Work Order/Zone: 23954/City of Port Arthur Builder Zone/Plan Name: City of Port Arthur/2/2 Tax ID/VINN: Tax ID 76-0478487/V1N 17604784870 Draw Type: Retainage Total Requested: S 9,472.00 Service Period Begin Date: April 25,2025 Service Period End Date: May 25,2025 FY2024 FY2025 $ 9,472.00 11.17 line Item Total Cost Progress Draw Final Payment Retainage Total Requested Remaining Balance SITE WORK S 4,736.00 S 4,736.00 $ - S 236.80 S 236.80 $ - FOUNDATION $ 24,627.20 S 24,627.20 $ - $ 1,231.36 $ 1,231.36 $ - FLAT WORK 236.80 $ 236.80 $ S 4,736.00 S - $ 4,736.00 $ - PLUMBING $ 14 208.00 S 5,600.00 $ 8,608.00 S 710.40 $ 710.40 $ - ELECTRICAL S 13,260.80 $ - $ 13,260.80 S 663.04 $ 663.04 $ - FRAMING $ 27,468.80 $ 27,468.80 $ - $ 1,373.44 S 1,373.44 $ - DOORS&WINDOWS S 6,630.40 S 6,630.40 $ - S 331.52 S 331.52 $ - INSULATION $ 4,736.00 S - $ 4,736 00 $ 236.80 S 236.80 $ - EXTERIOR SURFACE $ 9,472.00 $ 9,472.00 $ - S 473.60 S 473.60 $ - INTERIOR SURFACE S 8,524 80 S - $ 8,524.80 $ 426.24 $ 426.24 $ - MECHANICAL S 13,260.80 S - $ 13,260.80 $ 663.04 S 663.04 $ - FINISH CARPENTRY $ 4,736.00 S - $ 4,736.00 $ 236.80 $ 236.80 $ - CABINETS S 14,208.00 S - $ 14,208.00 $ 710.40 $ 710.40 $ - APPLIANCES S 3,788.80 S - $ 3,788.80 $ 189.44 S 189.44 $ - FLOORING $ 8,524.80 S - $ 8,524.80 S 426.24 $ 426.24 $ - PAINT $ 8,524.80 S - $ 8,524.80 $ 426.24 $ 426.24 $ - ROOFING $ 13,260.80 S 13.260 80 $ - $ 663.04 $ 663.04 $ - FINISH DETAILS $ 94720 $ - S 947.20 $ 47.36 S 47.36 $ - LEAD BASED PAINT S - $ - $ - S - S - $ - MISCELLANEOUS S 3,788.80 S 3,000.00 $ 788.80 $ 189.44 $ 189.44 $ - Total Expensed $ 189,440.00 $ 94,795.20 $ 94,644.80 $ 9,472.00 $ 9,472.00 $ - Escrow $ - $ - $ - Amount Paid $ 189,440.00 $ 94,795.20 $ 94,644.80 $ 9,472.00 $ 9,472.00 $ - Under penalties of perjury,Uwe certify that the information presented in this document is true and accurate to the best of my knowledge and belief:I/We further understand that providing false representations herein constitutes an act of fraud.False,misleading or incomplete information may result in my ineligibility to participate in this program or any other programs that will accept this document Additionally,if Uwe receive future funding for the same purpose of the CDBG-DR funds,Uwe will agree to repay the assistance that was duplicated. Warning:Any person who knowingly makes a false claim or statement to Ilt'D may he subject to civil or criminal penalties under 18 l'.S.('.287,1001 and 31 U.S.C. 3729. JWTC Contractor Authority: r /, /AA A.t.f of Texas General Land Office Community Development and Revitalization \ It` '/` Form 11.24 Conditional Waiver and Release on Final Payment Applicant/Co-Applicant Information GLO's Designated Representative("GDR"): Contract No. and/or WO: City of Port Arthur Applicant Name: Wanda Green Co-Applicant Name: n/a Physical Address: 3418 15th Street City: Port Arthur I State: Texas ZIP Code:77642 Project Type(Rehabilitation,Reconstruction,etc.):Reconstruction Contractor Information Contractor Name: Contractor Contract Number(if applicable): James W.Turner Construction,Ltd. 23954 Contractor Address: Contractor City/State/ZIP Code: 14215 Mary Jane Ln. Tomball,TX 77377 Reserved Funds: 10% Contractor Requested Amount: $9,472.00 State of Texas § County/Parish of Harris § BEFORE ME, the undersigned authority, on this day personally appeared Affiant, also known as Contractor Authorized Representative who, after being by me duly sworn, deposes, and having personal knowledge of the matters set forth herein and says the following: "Affiant has full authority to make this affidavit. On receipt by Contractor of payment from the General Land Office("GLO") in the Contractor Requested Amount(listed above),paid by the bank on which it is drawn,this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right,any claim for payment,and any rights under any similar ordinance,rule, or statute related to claim or payment rights for persons in Contractor's position that Contractor has on the Property. This release covers the final payment to Contractor for all labor, services, equipment,or materials furnished to the Property or to the GLO. Before any recipient of this document relies on this document,the recipient should verify evidence of payment to Contractor. Affiant warrants that Contractor has already paid or will use the funds received from this final payment to promptly pay in full all of Contractor's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above-referenced Property up to the date of this waiver and release. Payments that are still due and payable by Contractor to laborers, subcontractors,materialmen,and suppliers are as follows: Name of Payee Address and Telephone Number,if Amount Owed Anticipated Payment Date known N/A N/A N/A N/A Form 11.24—Conditional Waiver and Release on Final Payment October 2023 Page 1 of 2 Disclaimer:The Texas General Land Office has made every effort to ensure the information contained on this form is accurate and in compliance with the most up-to- date CDBG-DR and/or CDBG-MIT federal rules and regulations, as applicable. It should be noted that the Texas General Land Office assumes no liability or responsibility for any error or omission on this form that may result from the interim period between the publication of amended and/or revised federal rules and regulations and the Texas General Land Office's standard review and update schedule. Other than the above-specified bills owed to the referenced persons, Contractor is not aware of any unpaid bills, claims, demands, or causes of action by any of its subcontractors, laborers, suppliers, or materialmen for or in connection with the furnishing of labor or materials, or both, for the construction, renovation, or repair of improvements located on or related to the Property. Affiant further understands that this Affidavit is being given pursuant to and in accordance with Sections 53.085 and 53.259 of the Texas Property Code and that the intentional, knowing, or reckless making of a false or misleading statement in this Affidavit constitutes an offense under this Section and is a misdemeanor. Affiant warrants that Contractor hereby indemnifies the GLO, its officers, employees, and designees, and the State of Texas from and against any loss or expense resulting from false or incorrect information within this Affidavit." Warning: Any person who knowingly makes a false claim or statement to HUD may be subject to civil or criminal penalties under 18 U.S.C.287, 1001 and 31 U.S.C.3729. Certification of Contractor Printed Name of Contractor: James W. Turner Construction,Ltd. Printed Name of Contractor Authorized Representative: Title of Contractor Authorized Representative: Lindsey Baumgardner Compliance Manager Signature of Contractor Authorized Representative: , . Date: 6/30/2025 A Notary's Acknowledgment State of Texas § County/Parish of Harris § Before me, a notary public, on this day personally appeared Lindsey Baumgardner (name) acting in his/her capacity as Compliance Manager (title) for James W. Turner Construction, Ltd. (Contractor), known to be Contractor Authorized Representative and Affiant and known to me to be the person whose name is subscribed to the foregoing document and, being by me first duly sworn, declared that the statements therein contained are true and correct. ttlf --ji ,C) ( Signature of Notat) NOTARY SEAL Tiffany F. Wardr � �.rw Notary Public—Printed Name TIFFANY F WARD NOTARY E3LIC 0i STATE OF TEXAS6/26 fl 9/26/2026 41. +���;�' MY COMM.EXP.PU 09/2 Date Notary's Commission Expires NOTARY YID 13398406.3 Form 11.24—Conditional Waiver and Release on Final Payment October 2023 Page 2 of 2 Disclaimer: The Texas General Land Office has made every effort to ensure the information contained on this form is accurate and in compliance with the most up-to- date CDBG-DR and/or CDBG-MIT federal rules and regulations, as applicable. It should be noted that the Texas General Land Office assumes no liability or responsibility for any error or omission on this form that may result from the interim period between the publication of amended and/or revised federal rules and regulations and the Texas General Land Office's standard review and update schedule. EXHIBIT " D " Conditional Waiver and Release on Final Payment And Invoice No. 323715thStreet-10 3237 15th Street CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT City of Port Arthur CDBG Project Reconstruction Program Job No. 3237 15th Street, Port Arthur On receipt by the signer of this document of a check from City of Port Arthur (maker of check) in the sum of 9,593.37 James W. Turner Construction, Ltd. $ payable to (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property of Kwana Wyatt ( ) 3237 15th Street, Port Arthur ) 10%Retain-age for Reconstruction (job located at (location to the following extent: work completed description). This release covers the final payment to the signer for all labor, services, equipment, or materials furnished to the property or to Kwana Wyatt (person with whom signer contracted). Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release. Date 6/30/2025 James W. Turner Construction, Ltd. (Company name) By (Signature) Sr. DR Pro am & Compliance Director (Title) NOTE: Section 53.281(b)(2), Texas Property Code, requires that the above form be notarized. See Chapter 121, Texas Civil Practice & Remedies Code, regarding Acknowledgments & Proofs of Written Instruments, or consult an attorney. For short acknowledgement forms that might be suitable, see Section 121.008 in Chapter 121. Click here to go there. TIFFANY F WARD �! . t NOTARY P��jc STATE OF TExAS Notary Signature: abt 0,11.M O( r y MY COMM.EXP.042628 NOTARY to t33g8406.3 Notary Printed Name: Tiffaily Ward Commission Expiration: 9/26/2026 jwrrc Building Contractor Name: James W.Turner Construction,Ltd. Building Contractor Address/City/State. 14215 Mary Jane Ln.,Tomball,TX 77377 Invoice Number: 3237 15thStreet-10 Building Contractor Phone Number 281-290-9011 Invoice Submit Date: June 24,2025 Contract/Work Order/Zone: 23954/City of Port Arthur Builder Zone/Plan Name: City of Port Arthur/2/2 Tax ID/VIN#: Tax ID 76-0478487/VIN 17604784870 Draw Type: Retainage Total Requested: $ 9,593.37 Service Period Begin Date: April 24,2025 Service Period End Date: May 24,2025 FY2024 FY2025 S 9,593.37 11.17 Line Item Total Cost I Progress Draw I Final Payment! Retainage 1 Total Requested I Remaining Balance SITE WORK S 4,736.00 S 4,736.00 $ - $ 236.80 S 236.80 $ - FOUNDATION S 21,627.20 $ 21,627.20 $ - $ 1,081.36 S 1,081.36 $ - FLAT WORK $ 4,736.00 S 1,500.00 $ 3,236.00 $ 236.80 $ 236.80 $ - PLUMBING $ 14,208.00 S 5,600.00 $ 8,608.00 $ 710.40 $ 710.40 $ - ELECTRICAL S 13,260.80 $ - $ 13,260.80 $ 663.04 S 663.04 $ - FRAMING S 27,468.80 $ 27468.80 $ - $ 1,373.44 S 1,373.44 $ - DOORS&WINDOWS $ 6,630.40 S 6,630.40 $ - $ 331.52 S 331.52 $ - INSULATION S 4,736.00 $ - $ 4,736.00 $ 236.80 $ 236.80 $ - EXTERIOR SURFACE S 9,472.00 $ 9,472.00 $ - $ 473.60 $ 473.60 $ - INTERIOR SURFACE S 8,524.80 S - $ 8.524.80 $ 426.24 $ 426.24 $ - MECHANICAL $ 13,260.80 S - $ 13,260.80 $ 663.04 $ 663.04 $ - FINISH CARPENTRY S 4,736.00 S - $ 4,736.00 $ 236.80 S 236.80 $ - CABINETS $ 14 208.00 $ - $ 14,208.00 $ 710.40 S 710.40 $ - APPLIANCES $ 3,788.80 $ - $ 3,788.80 $ 189.44 $ 189.44 $ - FLOORING $ 8,524.80 $ • $ 8,524.80 S 426.24 $ 426.24 $ - PAINT $ 8,524.80 $ - $ 8,524.80 $ 426.24 S 426.24 $ - ROOFING $ 13,260.80 $ 13,260.80 S - $ 663.04 $ 663.04 $ - FINISH DETAILS $ 947.20 $ - $ 947.20 $ 47.36 $ 47.36 $ - LEAD BASED PAINT S - $ - $ - $ - $ - $ - MISCELLANEOUS $ 3,788.80 S 3,000.00 $ 788.80 S 189.44 S 189.44 $ - CHANGE ORDER 1 $ 5,427.40 S - $ 5,427.40 $ 271.37 S 271.37 Total Expensed $ 191,867.40 $ 93,295.20 $ 98,572.20 $ 9,593.37 $ 9,593.37 $ - Escrow $ - $ - $ - Amount Paid $ 191,867.40 $ 93,295.20 $ 98,572.20 $ 9,593.37 $ 9,593.37 $ - Under penalties of perjury,I/we certify that the information presented in this document is true and accurate to the best of my knoviedge and belief.I/We further understand that providing false representations herein constitutes an act of fraud.False,misleading or incomplete information may result in my ineligibility to participate in this program or any other programs that will accept this document Additionally,if I/we receive future funding for the same purpose of the CDBG-DR funds,I/we will agree to repay the assistance that was duplicated. Warning:Any person who knowingly makes a false claim or statement to HUD may be subject to civil or criminal penalties under 18 U.S.C.287,1001 and 31 U.S.C. ' 3729. ;/1r WAuthority: -h JTC Contractor 01 , \f/Ai -titer (I, Texas General Land Office Community Development and Revitalization Form 11.24 Conditional Waiver and Release on Final Payment Applicant/Co-Applicant Information GLO's Designated Representative("GDR"): Contract No. and/or WO: City of Port Arthur Applicant Name:Kwana Wyatt Co-Applicant Name: n/a Physical Address: 3237 15th Street City:Port Arthur I State: Texas I ZIP Code:77642 Project Type(Rehabilitation,Reconstruction,etc.): Reconstruction Contractor Information Contractor Name: Contractor Contract Number(if applicable): James W.Turner Construction,Ltd. 23954 Contractor Address: Contractor City/State/ZIP Code: 14215 Mary Jane Ln. Tomball,TX 77377 Reserved Funds: 10% Contractor Requested Amount: $9,593.37 State of Texas § County/Parish of Harris § BEFORE ME, the undersigned authority, on this day personally appeared Affiant, also known as Contractor Authorized Representative who, after being by me duly sworn, deposes, and having personal knowledge of the matters set forth herein and says the following: "Affiant has full authority to make this affidavit. On receipt by Contractor of payment from the General Land Office("GLO") in the Contractor Requested Amount(listed above),paid by the bank on which it is drawn,this document becomes effective to release any mechanic's lien right,any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment,and any rights under any similar ordinance,rule,or statute related to claim or payment rights for persons in Contractor's position that Contractor has on the Property. This release covers the final payment to Contractor for all labor, services,equipment, or materials furnished to the Property or to the GLO. Before any recipient of this document relies on this document,the recipient should verify evidence of payment to Contractor. Affiant warrants that Contractor has already paid or will use the funds received from this final payment to promptly pay in full all of Contractor's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above-referenced Property up to the date of this waiver and release. Payments that are still due and payable by Contractor to laborers,subcontractors,materialmen,and suppliers are as follows: Name of Payee Address and Telephone Number,if Amount Owed Anticipated Payment Date known N/A N/A N/A N/A Form 11.24—Conditional Waiver and Release on Final Payment October 2023 Page 1 of 2 Disclaimer:The Texas General Land Office has made every effort to ensure the information contained on this form is accurate and in compliance with the most up-to- date CDBG-DR and/or CDBG-MIT federal rules and regulations, as applicable. It should be noted that the Texas General Land Office assumes no liability or responsibility for any error or omission on this form that may result from the interim period between the publication of amended and/or revised federal rules and regulations and the Texas General Land Office's standard review and update schedule. Other than the above-specified bills owed to the referenced persons, Contractor is not aware of any unpaid bills, claims, demands, or causes of action by any of its subcontractors, laborers, suppliers, or materialmen for or in connection with the furnishing of labor or materials, or both,for the construction, renovation,or repair of improvements located on or related to the Property. Affiant further understands that this Affidavit is being given pursuant to and in accordance with Sections 53.085 and 53.259 of the Texas Property Code and that the intentional, knowing, or reckless making of a false or misleading statement in this Affidavit constitutes an offense under this Section and is a misdemeanor. Affiant warrants that Contractor hereby indemnifies the GLO, its officers,employees, and designees, and the State of Texas from and against any loss or expense resulting from false or incorrect information within this Affidavit." Warning: Any person who knowingly makes a false claim or statement to HUD may be subject to civil or criminal penalties under 18 U.S.C.287, 1001 and 31 U.S.C.3729. Certification of Contractor Printed Name of Contractor: James W. Turner Construction,Ltd. Printed Name of Contractor Authorized Representative: Title of Contractor Authorized Representative: Lindsey Baumgardner Compliance Manager Signature of Contractor Authorized Representative: I Date: 6/30/2025 Notary's Ackno, edgment State of Texas § County/Parish of Harris § Before me, a notary public, on this day personally appeared Lindsey Baumgardner (name) acting in his/her capacity as Compliance Manager (title) for James W. Turner Construction, Ltd. (Contractor),known to be Contractor Authorized Representative and Affiant and known to me to be the person whose name is subscribed to the foregoing document and, being by me first duly sworn,declared that the statements therein contained are true and correct. USL Lu L Signature of Notar) NOTARY SEAL Tiffany F. Ward K�=. �.��.. � Notary Public—Printed Name �1,�.N.0, TIFFANY F WARD NOTARY PUBLIC STAl'E OF TEXAS 9/26/2026 ry"roF,t+'y MY COMM.EXP.09/26/26 Date Notary's Commission Expires NOTARY ID 13398406.3 Form l I.24—Conditional Waiver and Release on Final Payment October 2023 Page 2 of 2 Disclaimer:The Texas Genera!Land Office has made every effort to ensure the information contained on this form is accurate and in compliance with the most up-to- date CDBG-DR and/or CDBG-MIT federal rules and regulations, as applicable. It should be noted that the Texas General Land Office assumes no liability or responsibility for any error or omission on this form that may result from the interim period between the publication of amended and/or revised federal ntles and regulations and the Texas General Land Ofce's standard review and update schedule. I EXHIBIT " E " Conditional Waiver and Release on Final Payment And Invoice No. 401115thStreet-10 4011 15th Street CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT City of Port Arthur CDBG Project Reconstruction Program Job No. 4011 15th Street, Port Arthur On receipt by the signer of this document of a check from City of Port Arthur (maker of check) in the sum of 9,604.61 James W. Turner $ payable to Construction, Ltd. (payee or payees of check)and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property of Liberio Alverado 10% Retain-age for Reconstruction (owner) located at 4011 15th Street, Port Arthur(location) to the following extent: work completed (job description). This release covers the final payment to the signer for all labor, services, equipment, or materials furnished to the property or to Liberio Alverado (person with whom signer contracted). Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release. Date 6/30/2025 James W. Turner Construction, Ltd. (Company name) By (Signature) Sr. DR Progra &Compliance Director (Title) NOTE: Section 53.281(b)(2), Texas Property Code, requires that the above form be notarized. y "Nor F WARD NOTARY TEXAS I.,� STATE OF TEXAS t :, MY COMM.EXP,MOM NOTARY ID t339810E.3 Notary Signature: \ uv O Notary Printed Name: Tiffan and Commission Expiration: 9/26/2026 jwrrc Building Contractor Name: James W Turner Construction,Ltd. Building Contractor Address/City/State 14215 Mary Jane Ln.,Tomball,TX 77377 Invoice Number: 401115thStreet-10 Building Contractor Phone Number 281-290-901 I Invoice Submit Date: June 24,2025 Contract/Work Order/Zone: 23954/City of Port Arthur Builder Zone/Plan Name. City of Port Arthur/2/2 Tax ID/VIN#: Tax ID 76-0478487/VIN 17604784870 Draw Type: Retainage Total Requested: S 9,604 61 Service Period Begin Date: April 26,2025 Service Period End Date: May 26,2025 FY2024 FY2025 $ 9,604.61 11.17 Line Item I Total Cost I Progress Draw I Final Payment I Retainage I Total Requested I Remaining Balance SITE WORK S 4,736.00 S 4,736.00 $ - S 236.80 $ 236.80 $ - FOUNDATION $ 24,627.20 $ 24,627.20 $ - $ 1,231.36 $ 1,231.36 $ - FLAT WORK S 4,736.00 $ - $ 4,736.00 $ 236.80 $ 236.80 $ PLUMBING $ 14,208.00 $ 5,600.00 $ 8,608 00 $ 710.40 $ 710.40 $ - ELECTRICAL $ 13,260.80 $ - $ 13,260.80 $ 663.04 $ 663.04 $ - FRAMING $ 27,468.80 S 27,468.80 $ - $ 1,373.44 $ 1,373.44 $ - DOORS&WINDOWS S 6,630.40 $ 6,630.40 $ $ 331.52 $ 331.52 $ - INSULATION $ 4,736 00 $ - $ 4,736.00 $ 236.80 $ 236.80 $ - EXTERIOR SURFACE $ 9,472.00 $ 9,472.00 $ - $ 473.60 $ 473.60 $ - INTERIOR SURFACE $ 8,524.80 $ - $ 8,524.80 $ 426.24 $ 426.24 $ - MECHANICAL S 13,260.80 S - $ 13,260.80 $ 663.04 S 663.04 $ - FINISH CARPENTRY S 4,736.00 $ - $ 4,736.00 $ 236.80 $ 236.80 $ - CABINETS $ 14,208.00 $ - $ 14,208.00 $ 710.40 $ 710.40 $ - APPLIANCES S 3,788.80 $ - $ 3,788.80_$ 189.44 $ 189.44_$ FLOORING S 8,524.80 S - $ 8,524.80 $ 426 24 S 426.24 $ - PAINT $ 8,524.80 $ - S 8,524.80 $ 426.24 $ 426.24 $ - ROOFING $ 13,260 80 $ 13,260.80 $ - $ 663.04 $ 663.04 $ - FINISH DETAILS S 947.20 $ - $ 947.20 $ 35.44 $ 35,44 $ - LEAD BASED PAINT S - $ - $ - $ - $ - $ - MISCELLANEOUS $ 3,788.80 $ 3,000.00 $ 788.80 $ 189.44 $ 189.44 $ - CHANGE ORDER 1 S 2,650.51 $ 2,650.51 $ 132.53 $ 132.53 Total Expensed $ 192,090.51 $ 94,795.20 $ 97,295.31 $ 9,604.61 $ 9,604.61 $ Escrow $ - $ - $ Amount Paid S 192,090.51 $ 94,795.20 $ 97,295.31 $ 9,604.61 $ 9,604.61 $ - Under penalties of perjury,Uwe certify that the information presented in this document is true and accurate to the best of my knowledge and belief.IJWe further understand that providing false representations herein constitutes an act of fraud.False,misleading or incomplete information may result in my ineligibility to participate in this program or any other programs that will accept this document Additionally,if Uwe receive future funding for the same purpose of the CDBG-DR itnds,I/we will agree to repay the assistance that was duplicated. Warning:Any person who knowingly makes a false claim or statement to lll'D may be subject to civil or criminal penalties under 18 U.S.C.287,1001 and 31 U.S.C. 3729. / JW t TC Contractor Authority: it .JJ4.t.u4 pAL r; ``� Texas General Land Office ;; 1m Community Development and Revitalization \ r Form 11.24 • Conditional Waiver and Release on Final Payment Applicant/Co-Applicant Information GLO's Designated Representative("GDR"): Contract No. and/or WO: City of Port Arthur Applicant Name:Liberio Alvarado Co-Applicant Name: n/a Physical Address: 4011 15th Street City:Port Arthur I State: Texas ZIP Code:77642 Project Type(Rehabilitation,Reconstruction,etc.):Reconstruction Contractor Information Contractor Name: Contractor Contract Number(if applicable): James W.Turner Construction,Ltd. 23954 Contractor Address: Contractor City/State/ZIP Code: 14215 Mary Jane Ln. Tomball,TX 77377 Reserved Funds: 10% Contractor Requested Amount: $9,604.61 State of Texas § County/Parish of Harris § BEFORE ME, the undersigned authority, on this day personally appeared Affiant, also known as Contractor Authorized Representative who, after being by me duly sworn, deposes, and having personal knowledge of the matters set forth herein and says the following: "Affiant has full authority to make this affidavit. On receipt by Contractor of payment from the General Land Office("GLO") in the Contractor Requested Amount(listed above),paid by the bank on which it is drawn,this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute,any common law payment bond right,any claim for payment,and any rights under any similar ordinance,rule,or statute related to claim or payment rights for persons in Contractor's position that Contractor has on the Property. This release covers the final payment to Contractor for all labor, services,equipment, or materials furnished to the Property or to the GLO. Before any recipient of this document relies on this document,the recipient should verify evidence of payment to Contractor. Affiant warrants that Contractor has already paid or will use the funds received from this final payment to promptly pay in full all of Contractor's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above-referenced Property up to the date of this waiver and release. Payments that are still due and payable by Contractor to laborers,subcontractors,materialmen,and suppliers are as follows: Name of Payee Address and Telephone Number,if Amount Owed Anticipated Payment Date known N/A N/A N/A N/A Form 11.24—Conditional Waiver and Release on Final Payment October 2023 Page 1 of 2 Disclaimer:The Texas General Land Office has made every effort to ensure the information contained on this form is accurate and in compliance with the most up-to- date CDBG-DR and/or CDBG-MIT federal rules and regulations, as applicable. It should be noted that the Texas General Land Office assumes no liability or responsibility for any error or omission on this form that may result from the interim period between the publication of amended and/or revised federal rules and regulations and the Texas General Land Office's standard review and update schedule. Other than the above-specified bills owed to the referenced persons, Contractor is not aware of any unpaid bills, claims, demands, or causes of action by any of its subcontractors, laborers, suppliers, or materialmen for or in connection with the furnishing of labor or materials, or both, for the construction, renovation,or repair of improvements located on or related to the Property. Affiant further understands that this Affidavit is being given pursuant to and in accordance with Sections 53.085 and 53.259 of the Texas Property Code and that the intentional, knowing, or reckless making of a false or misleading statement in this Affidavit constitutes an offense under this Section and is a misdemeanor. Affiant warrants that Contractor hereby indemnifies the GLO, its officers,employees, and designees, and the State of Texas from and against any loss or expense resulting from false or incorrect information within this Affidavit." Warning: Any person who knowingly makes a false claim or statement to HUD may be subject to civil or criminal penalties under 18 U.S.C.287, 1001 and 31 U.S.C.3729. Certification of Contractor Printed Name of Contractor: James W. Turner Construction,Ltd. Printed Name of Contractor Authorized Representative: Title of Contractor Authorized Representative: Lindsey Baumgardner a Compliance Manager Signature of Contractor Authorized Representative: f. Date: 6/30/2025 A Notary's Acknowledgment State of Texas § County/Parish of Harris § Before me, a notary public, on this day personally appeared Lindsey Baumgardner (name) acting in his/her capacity as Compliance Manager (title) for James W. Turner Construction, Ltd. (Contractor), known to be Contractor Authorized Representative and Affiant and known to me to be the person whose name is subscribed to the foregoing document and, being by me first duly sworn,declared that the statements therein contained are true and correct. L. CL.LEV Signature of Notac NOTARY SEAL Tiffany F. Ward .x Notary Public—Printed Name �"`0^- TIFFANY F WARD �!'O NOTARY PUBLIC STATE OF TEXAS 1 9/26/2026 -" MY GOMM.EXP.09/26/26 Date Notary's Commission Expires NUTA ;s3sa4� os Form 11.24—Conditional Waiver and Release on Final Payment October 2023 Page 2 of 2 Disclaimer:The Texas General Land Office has made every effort to ensure the information contained on this form is accurate and in compliance with the most up-to- date CDBG-DR and/or CDBG-MIT federal rules and regulations, as applicable. It should be noted that the Texas General Land Office assumes no liability or responsibility for any en-or or omission on this form that may result from the interim period between the publication of amended and/or revised federal rules and regulations and the Texas General Land Offices standard review and update schedule. 1