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INTEROFFICE MEMORANDUM
Date: November 7, 2017
To: The Honorable Mayor and City Council
Through: Brian McDougal, City Manager
From: Armando Gutierrez, Jr., P.E., Director of Public Works
RE: P.R. 19968 —4th Street Improvements Project, Change Order#3
Introduction:
Acceptance of Change Order No. 3 for the 4th Street Improvements Project from Stadium
Road to Duff Drive.
Background:
On December 27, 2017, City Council approved Resolution No. 16-351 executed a contract
with Excavation and Construction, LLC for the 4th Street Improvements Project. Per
Resolution No. 17-152, the City Council approved Change Order No. 1 increasing the
contract amount by $26,929.70 to a new contract amount of $915,542.44 and increasing
the contract term by 15 calendar days from 150 calendar days to 165 calendar days. Per
Resolution 17-198, City Council approved Change Order No. 2 increasing the contract term
by 34 calendar days to a new contract term of 199 calendar days. Time suspension was
issued to the contract on August 28, 2017 due to Hurricane Harvey and deposits of
unsuitable material on the base material, formed potholes and storm debris removal
operations which caused damage to the flexible base material. This Proposed Resolution is
for additional and deletion of bid items increasing the contract amount by $58,969.04 to a
new contract amount of$947,581.78 and increasing the contract term by 20 days to a new
contract term of 219 calendar days. The additional materials and labor will be reimbursed
by FEMA.
"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
Budget Impact:
Funds are available in the following account: 105-1431-552.86-00 CDBG, Project No.
4THST1
Recommendation:
Approval of P. R. No. 19968 authorizing the City manager to execute Change Order No. 3 to
the contract with Excavation and Construction Co., Inc. for the 4th Street Improvements
Project increasing the contract amount by $58,969.04 to a new contract amount of
$947,581.78 and increasing the contract term by 20 calendar days to a new contract term of
219 calendar days.
"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. 19968
11/07/17 rtb
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
CHANGE ORDER NO. 03 TO THE CONTRACT BETWEEN THE CITY
OF PORT ARTHUR AND EXCAVATION AND CONSTRUCTION, LLC
OF NEDERLAND, TEXAS FOR THE 4TH STREET IMPROVEMENTS
PROJECT, INCREASING THE CONTRACT AMOUNT BY $58,969.04
TO A NEW CONTRACT AMOUNT OF $947,581.78 AND
INCREASING THE CONTRACT TERM BY 20 DAYS TO A NEW TOTAL
OF 165 DAYS. PROJECT NO. 4THST1, ACCOUNT NO. 105-1431-
552.86-01 CDBG.
WHEREAS, per Resolution No. 16-351, the City Council awarded a contract for
the 4th Street Improvements project from Stadium Road to Duff Drive to Excavation and
Construction, LLC, of Port Arthur, Texas in the projected budgetary impact amount of
$888,612.74 and a contract term of 150 calendar days from February 15, 2017 to July
15, 2017; and,
WHEREAS, per Resolution No. 17-152, the City Council approved Change Order
No. 01 increasing the contract amount a contract by $26,929.70 to a new contract
amount of $915,542.44 and increasing the contract term by 15 calendar days to a new
term of 165 calendar days to a new ending date of July 30, 2017; and,
WHEREAS, per Resolution No. 17-198, the City Council approved Change Order
No. 02 increasing the contract term by 34 calendar days to a new term of 199 calendar
days to a new ending date of September 2, 2017; and,
WHEREAS, time suspension was issue to the contract on August 28, 2017 due
to inclement weather from the Hurricane Harvey flood event and the activities of
disaster debris removal causing damage to the flexible base material; and,
P. R. 19968
Page 2
WHEREAS, proposed Change Order No. 03 is for additional and deletion bid
items increasing the contract price by $58,969.04 to a new contract amount of
$947,581.78, and increasing the contract term by 20 calendar days to a new contract
term of 219 calendar days (commencing at the decided restart date), attached hereto
as Exhibit "A"; and,
WHEREAS, approval of Change Order No. 03 will increase the contract amount
by $58,969.04 to a new total of $947,581.78 and increasing the contract term by 20
calendar days to a new contract term of 219 calendar days herein deemed an
appropriate action; now, therefore,
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, Change Order No. 03 is herein approved and the City Manager and is
authorized to execute said Change Order No. 03 (attached as Exhibit "A") to the
contract between the City of Port Arthur and Excavation and Construction, LLC, of Port
Arthur, Texas; and,
THAT, Change Order No. 03 increases the contract amount by $58,969.04 to
new contract amount of $947,581.78 and increases the contract term by 20 days to a
new total of 219 days; and,
THAT, a copy of the caption of this Resolution No. be spread upon the Minutes
of the City Council.
P.R. 19968
Page 3
READ, ADOPTED AND APPROVED this the day of , A.D. 2017
at a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Council members:
Noes:
Derrick Ford Freeman
Mayor
Attest:
City Secretary
Sherri Bellard
APPROVD AS TO FORM: APPROVED FOR ADMINISTRATION:
\iUJ d -,
Valecia Tizeno Brian McDougal
City Attorney City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
r
Andrew V sques, CPA
Director of Finance
Armando Gutierrez, Jr., P.E.
Director of Public Works
0 p (vabrott
Clifton Williams, CPPB
Purchasing Manager
EXHIBIT A
CITY OF PORT ARTHUR
DATE: November 6,2017
PROJECT: 4th STREET IMPROVEMENTS(STADIUM RD.TO DUFF DR.)
OWNER: CITY OF PORT ARTHUR
CONTRACTOR: EXCAVATION AND CONSTRUCTION,LLC.
CHANGE ORDER NO.: 03
THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE:
Add/Deduct Construction Items and/or quantities to the Contract:
Item Item Original New Unit
No. Code Description Unit Difference Amount
Quantity Quantity Price
PAVING AND DRAINAGE
ADDITION
15 247 ADDITIONAL 3" FLEX BASE TY A,Gr 1,(DC),ALL IN SY 5929.00 5929.00 $13.52 $80,160.08
ACCORD w/PLANS&SPECS
19 420 CONC DRWYS,ALL IN ACCORD w/PLANS&SPECS SY 3,100 3356.00 256.00 $29.66 S7,592.96
22 150 BLADING(REMOVE TOP 3"&SCARIFY 3"BELOW) STA - 23.64 23.64 $2,000.00 $47,280.00
TOTAL ADDITION $135,033.04
DELETION
18 340 ASPHALT FOR DRWYS,ALL IN ACCORD w/PLANS&SPECS TON 300 - (300.00) $ 186.88 ($56,064.00)
21 SUPPLEMENTAL ITEMS(WHEN AUTHORIZED) 1 - (1.00) $20,000.00 ($20,000.00)
TOTAL DELETION ($76,064.00)
CHANGE ORDER TOTAL AMOUNT ADDED $58,969.04
NOTE: ALL ITEMS SHALL BE IN ACCORDANCE WITH PLANS&SPECIFICATIONS
ORIGINAL CONTRACT AMOUNT: $888,612.74
NET FROM PREVIOUS CHANGE ORDERS: $915,542.44
TOTAL AMOUNT OF THIS CHANGE ORDER: $58,969.04
PERCENT OF THIS CHANGE ORDER: 6.64%
TOTAL PERCENT CHANGE ORDER TO DATE: 9.27%
FINAL CONTRACT AMOUNT: $947,581.78
20 CALENDAR DAYS HAVE BEEN ADDED IN THE CONTRACT 1Y THIS CHANGE ORDER
ACCEPTED BY: PREPARED BY: -1
(Contractor,Officer or Owner) FAEL .M RANDA.
EXCAVATION&CONSTRUCTION, ROJECT MANAGER
LLC
APPROVED BY:
ARMAN I : GUTIERREZ,P.•. RAWETTS T.By AHETH,SR.,E.I. .
PUBLIC WORKS DIRECTO' ASST.CITY ENGINEER
ATTESTED BY:
BRIAN McDOUGAL CLIFTON WILLIAMS,CPPB
CITY MANAGER ACTING PURCHASING MANAGER
CHANGE ORDER NO. 03
DATE: November 7, 2017
ORIGINAL AGREEMENT DATE: February 5, 2017
EXCAVATION AND CONSTRUCTION,LLC
PROJECT DESCRIPTION: 4th Street Improvements (Stadium Road to Duff Drive)
CHANGE TO CONTRACT TERM:
ORIGINAL CONTRACT term: 150 Days
CURRENT CONTRACT TERM(adjusted by previous CHANGE ORDER): 199 Days
CURRENT CONTRACT ENDING DATE: September 2, 2017
The Contract Term due to this CHANGE ORDER will be (increased/decreased) by:
20 Days
The new CONTRACT TERM including the CHANGE ORDER will be: 219 Days
CHANGE TO CONTRACT AMOUNT:
ORIGINAL CONTRACT amount: $888,612.74
CURRENT CONTRACT PRICE(adjusted by previous CHANGE ORDER): $915,542.44
The Contract Amount due to this CHANGE ORDER will be (increased/decreased) by:
$58,969.04
The new CONTRACT AMOUNT including the CHANGE ORDER will be: $947,581.78
Excavation and Construction, Co., Inc.:
Signature
Eric Gilchriest - General Manager
Printed Name
CITY OF PORT ARTHUR
Brian McDougal
City Manager