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HomeMy WebLinkAboutPR 24720: PUBLIC IMPROVEMENT FOR GOLF HILL VILLAS DEVELOPMENT, D & T INTERESTS, LLC , f E.n. orr rtlrrrts --- INTEROFFICE MEMORANDUM Date: January 12, 2026 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Calvin Matthews, P.E., Director of Utilities RE: P.R.No. 24720—Acceptance of Public Improvement For Golf Hill Villas Development at 3301 Jimmy Johnson Blvd from D & T Interests, LLC. Introduction: The intent of this Agenda Item is authorize the acceptance of the Engineer's Certificate of Completion, the Contractor's Certificate and Release, and the Contractor's Certificate of Guarantee for the public infrastructure improvements, constructed by D & T Interest, LLC for the Golf Hill Villas Development located at 3301 Jimmy Johnson Boulevard, and further authorize the City Manager to execute the Certificate of Acceptance on behalf of the City of Port Arthur,Texas. Background: Ordinance No.24-01 authorized a Developer Participation Contract between the City of Port Arthur and D&T Interests,LLC for the development of Golf Hill Villas,consisting of approximately 3.568 acres located on Jimmy Johnson Boulevard near the Babe Zaharias Golf Course. Pursuant to the Contract, the City agreed to participate in the reimbursable costs of certain public infrastructure improvements in an amount not to exceed thirty percent (30%) of the total improvement costs. Reimbursement is contingent upon acceptance of the public improvements and authorization of payment by City Council through Proposed Resolution No. 24738. Based on the site inspection and review, it has been confirmed that the public infrastructure improvements, (i.e., the water lines, sanitary sewer lines, and stormwater sewer lines) were constructed in accordance with City standards, approved plans, and applicable specifications. The Developer's invoices and reported quantities of materials used for the project have been carefully reviewed and verified by the City engineer and are found to be accurate and consistent with the work performed. D&T Interests,LLC,through its engineers and contractors,has submitted the Engineer's Certificate of Completion (Exhibit "A"), the Contractor's Certificate and Release (Exhibit "B"), and the Contractor's Certificate of Guarantee (Exhibit"C") for the City's review and acceptance. Budget Impact: No budgetary impact. Recommendation: It is recommended that the City Council approve Proposed Resolution No. 24738, authorizing the City Manager to accept the Engineer's Certificate of Completion, the Contractor's Certificate and Release, and the Contractor's Certificate of Guarantee, and further authorizing the City Manager to execute a Certificate of Acceptance for the public infrastructure improvements, (i.e., water lines, sanitary sewer lines, and stormwater sewer lines), constructed by D&T Interests,LLC for the Golf Hill Villas Development located at 3301 Jimmy Johnson Boulevard. FP P. R.No. 24720 1/12/26 cm Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE ENGINEER'S CERTIFICATE OF COMPLETION,THE CONTRACTOR'S CERTIFICATE AND RELEASE, AND THE CONTRACTOR'S CERTIFICATE OF GUARANTEE FOR THE PUBLIC INFRASTRUCTURE IMPROVEMENTS, CONSTRUCTED BY D & T INTERESTS, LLC FOR THE GOLF HILL VILLAS DEVELOPMENT LOCATED AT 3301 JIMMY JOHNSON BOULEVARD, AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE CITY OF PORT ARTHUR. WHEREAS,pursuant to Ordinance 24-01,the City entered into a Developer Participation Contract with D &T Interests, LLC for the purpose of providing cost-sharing associated with the public infrastructure improvements for the development of Golf Hill Villas on approximately 3.568 acres of land located at 3301 Jimmy Johnson Boulevard,Port Arthur, Texas; and WHEREAS, the public infrastructure improvements (i.e., the water lines, sanitary sewer lines, and stormwater sewer lines)have been reviewed and inspected, and in accordance with the letter attached hereto as Exhibit "A", it has been confirmed that such improvements were constructed in accordance with City standards, approved plans, and applicable specifications, and that the Developer's invoices and reported quantities of materials used for the project have been reviewed and verified; and WHEREAS, D & T Interests, LLC, through its engineers and contractors, has submitted the Engineer's Certificate of Completion (Exhibit "B"), the Contractor's Certificate and Release (Exhibit "C"), and the Contractor's Certificate of Guarantee (Exhibit "D") for the City's consideration and acceptance; and WHEREAS, it is deemed appropriate for the City to accept the public infrastructure improvements for the Golf Hill Villas located at 3301 Jimmy Johnson Boulevard. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: P. R. No. 24720 1/12/26 cm Page 2 of 3 THAT,the facts and opinions in the preamble are true and correct. THAT, the City Manager is hereby authorized to accept the Engineer's Certificate of Completion, the Contractor's Certificate and Release, and the Contractor's Certificate of Guarantee for the public infrastructure improvements (i.e., water lines, sanitary sewer lines, and stormwater sewer lines)constructed by D&T Interests,LLC for the Golf Hill Villas Development located at 3301 Jimmy Johnson Boulevard. THAT, the City Manager is further authorized to execute, on behalf of the City of Port Arthur, a Certificate of Acceptance (Exhibit "E") for the completion of the water lines, sanitary sewer lines, and stormwater sewer lines. 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 at a 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, TMRC City Secretary P. R. No. 247Z0 1/12/26 cm Page 3 of 3 APPROVED AS TO FORM: Roxann Pais Cotroneo City Attorney APPROVED FOR ADMINISTRATION: Ronald B City M ager Ka►a-r Suhail Kanwar, P.E. Director of Public Services Calvin Matthews;P.E. Water Utilities Director EXHIBIT "A" (Verification Letter from City Engineers) ever = City,of �� ort rtliu INTEROFFICE MEMORANDUM Date: January 16, 2026 To: Ronald Burton, CPM, City Manager From: Suhail Kanwar, P.E., Director of Public Services/City Engineer& Calvin Matthews, P.E., Director of Water Utilities RE: Acceptance of Public Infrastructure Improvements—Golf Hill Villas Development The City's Engineer Division and Water Utilities Departments have completed the inspection and review of the public infrastructure improvements constructed by D & T Interests, LLC,the developer of the Golf Hill Villas Development, located at 3301 Jimmy Johnson Boulevard. The Engineer's Certificate of Completion, along with the Contractor's Certificate and Release and the Contractor's Certificate of Guarantee for the public infrastructure improvements,which consists of water lines, sanitary sewer lines, and stormwater sewer lines, has been received and reviewed. Based on the site inspection and review,it has been confirmed that the water lines,sanitary sewer lines, and stormwater lines were constructed in accordance with City standards, approved plans, and applicable specifications.The developer's invoices and reported quantities of materials used for the project have been carefully reviewed and verified by the City and are found to be accurate and consistent with the work performed. Accordingly, the City engineers have concluded that the improvements are satisfactory and recommend that the City proceed with acceptance of the water, sanitary sewer, and stormwater infrastructure improvements for the Golf Hill Villas Development, subject to City Council approval and the execution of all required acceptance documents. Respectfully submitted, By: Suhail Kanwar,P.E., Director of Public Services City Engineer By: . Calvin Matthews, P.E., Director of Water Utilities "Remember,we are here to serve the Citizens of Port Arthur" EXHIBIT "B" (Engineer's Certificate of Completion) ENGINEER'S CERTIFICATE OF COMPLETION Project: GOLF HILL VILLAS Date of Issuance: JANUARY 12, 2026 Owner(s): D&T INTERESTS, LLC Soutex Project No.: 21-0844 Engineer: SOUTEX SURVEYORS&ENGINEERS Contractor: GP REALTY BUILDING COMPANY, INC &EPIC CONSULTING&CONTRACTING, LLC This Engineer's Certificate of Completion applies to all Work under the Contract Documents or to the following specified parts thereof: TO D&T INTERESTS, LLC&CITY OF PORT ARTHUR (OWNER) AND TO GP REALTY BUILDING COMPANY, INC &EPIC CONSULTING & CONTRACTING, LLC (CONTRACTOR) The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor and Engineer, and that Work is hereby declared to be complete in accordance with the Contract Documents on October 31,2025 November 30,2025 DATE OF SUBSTANTIAL COMPLETION DATE OF COMPLETION _•-aee1 . Fee- Executed by Engineer on January 12,2026 ��C�OF rfL� Furl.1,1 575 ,.' ice; . *+9 �! e�;. .......... Y'j'MITCN �L 11u9Q v• rUs :, N JERE11lf CHELL,P.E.,RPLS c SOUTE/ SURVEYORS&ENGINEERS 1/1 EXHIBIT "C" (Contractor's Certificate and Release) CONTRACTOR'S CERTIFICATE AND RELEASE FROM: GP REALTY BUILDING COMPANY, INC (NAME OF CONTRACTOR) TO: D&T INTERESTS, LLC, & CITY OF PORT ARTHUR (OWNER) REFERENCE CONTRACT NO. ENTERED INTO THE DAY OF BETWEEN D&T INTERESTS, LLC AND GP REALTY BUILDING COMPANY, INC_ (NAME OF CONTRACTOR) OF HOUSTON, TEXAS (CITY) (STATE) FOR: GOLF HILL VILLAS (NAME OF PROJECT) 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 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) (c) (d) (ITEMIZE CLAIMS AND AMONTS 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 change thereof. ,TF r 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 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 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. Contractor: GP REALTY BUILDING COMPANY. INC Signature: /,.A,,,NAL Printed Name: J (A Y)(,& ! iV Date: - 4.9 - �Y - Sworn to and subscribed before me, a Notary Public This I Z day ofe 20• u . 7-124.645/1 Notary Public My commission expires: -a 7 QL7 EXHIBIT "D" (Contractor's Certificate of Guarantee) CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM: EPIC CONSULTING &CONTRACTING, LLC • 4AMi of CONTPACTO TO: D&T INTERESTS, LLC&CITY OF PORT ARTHUR nvr,ER, REFERENCE CONTRACT NO. ENTERED INTO THE DAY OF BETWEEN D&T INTERESTS, LLC AND EPIC CONSULTING & CONTRACTING, LLC AG tiff ,f OF ENNIS,TEXAS tcrro isTA11) FOR: GOLF HILL VILLAS fMAt.c _+ ;:_ACT KNOW ALL MEN BY THESE PRESENTS: 1. EPIC CONSULTING & CONTRACTING, LLC does hereby guarantee all of the work done under the 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,as evidenced by the Engineer's Certificate of Completion. 3. This Certificate is given in connection with the final payment under the contract between the Owner and EPIC CONSULTING & CONTRACTING. LLf; 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 contained in this affidavit. Contractor: EPIC CONSULTIN & CONTRACTING. LLC Signature: Printed Name: je r"f Lhcrhcc "` ' 3 Date: 1 / � Sworn to and subscribed before me, a Notary Public This day of Ttie ^u `" . 20 - Notary AubIic My commission expires: 0 5 IC6 AAATTmEA r c.ASADAY Ntstsr+t Pa$i+c State of Texas 'M3'`_... ,.+ Comm Empires OS—OS-2029 NOts=« 3 1311t9305 7 4 EXHIBIT "E" (City of Port Arthur's Certificate of Acceptance) City of Port Arthur, (Texas CERTIFICATE OF ACCEPTANCE FOR COMPLETION OF PUBLIC INFRASTRUCTURE IMPROVEMENTS (Water Lines, Sanitary Sewer Lines And Storm Sewer Lines) For Golf Hill Villas Located At 3301 Jimmy Johnson Boulevard City Of Port Arthur, Texas TO: D &T INTERESTS, LLC This document is to certify that the City of Port Arthur, Texas officially accepts the public infrastructure improvements, (i.e., water lines, sanitary sewer lines, and storm sewer lines) constructed for Golf Hills Villas located at 3301 Jimmy Johnson Boulevard, Port Arthur, Texas. Such acceptance is based upon the Engineer's Certificate of Completion, the Contractor's Certificate and Release, and the Contractor's Certificate of Guarantee submitted by D &T Interests, LLC through its engineers and contractors. CITY OF PORT ARTHUR: By: Ronald Burton, CPM City Manager ATTEST: By: Sherri Bellard, TMRC City Secretary c < g Ilg n oo . 1, y yq ~ N x wh84 G h �' 61 .- 3 > f! �I ( <g Z ! 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