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Home My WebLink AboutPR 20049: IMPROVEMENTS ALONG BLUEBONNET AVEUE, CHANGE ORDER #1 • ; ' f';Y7 Cif )ort rtltu www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: March 19, 2018 To: The Honorable Mayor and City Council Through: Harvey Robinson, Interim City Manager From: Armando Gutierrez, Jr., P.E., Director of Public Works RE: P.R. 20049 —Improvements Along Bluebonnet Avenue, Change Order#1 Introduction: Acceptance of Change Order No. 1 involving a time extension of 58 days to the contract with Excavation and Construction, LLC for the Improvements Along Bluebonnet Avenue from Gulfway Drive (SH 87) to Memorial Blvd. (US 69) Project due to weather. Background: On July 27, 2017, City Council approved Resolution No. 17-154 executing a contract with Excavation and Construction, LLC for the Improvements Along Bluebonnet Avenue in the amount of $1,314,627.91. This award was for 270 calendar days commencing on July 17, 2017 to April 23, 2018. The request for time extension is for days due to flooding, delays from existing water leaks, snow and below freezing temperatures and regular working days between August 2017 and February 2018 due to heavy and/or steady rain that prevented the Contractor from working at least 7 hours that day. This request is for 58 calendar days extending the contract term to a total of 328 calendar days and to a new substantial completion date of from April 23, 2018 to June 20, 2018. Budget Impact: N/A Recommendation: "Remember,we are here to serve the Citizens of Port Arthur" 444 4`h Street Port Arthur,Texas 77641-1089 s 409.983.8182 x FAX 409.983.8294 Approval of P. R. No. 20049 authorizing the Interim City Manager to execute Change Order No. 1 to the contract with Excavation and Construction Co., Inc. for the Improvements Along Bluebonnet Avenue Project. "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. 20049 02/02/17 rtb RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 01 TO THE CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND EXCAVATION AND CONSTRUCTION, LLC OF NEDERLAND, TEXAS FOR THE CITY STREET IMPROVEMENTS ALONG BLUEBONNET AVENUE FROM GULFWAY DRIVE TO MEMORIAL BLVD. (US 69), INCREASING THE CONTRACT TERM BY 58 DAYS TO A NEW TOTAL OF 328 DAYS. WHEREAS, per Resolution No. 17-154, the City Council awarded a contract for the City Street Improvements Along Bluebonnet Avenue project from Gulfway Drive (SH 87) to Memorial Blvd. (US 69) to Excavation and Construction, LLC, of Port Arthur, Texas in the projected budgetary impact amount of $1,314,627.91 and a contract term of 270 calendar days from July 17, 2017 to April 23, 2018; and, WHEREAS, the proposed extension consist of 18 days due to flooding, 6 days due to delays from existing waterline breaks and material delivery delays and 4 days due to snow or below freezing and 22 regular working days between August 2018 and February due to heavy and/or steady rain that prevented the Contractor from working at least 7 hours that day. The time extension formula will be used up to the month of November; and, WHEREAS, this agreement will eliminate 13 calendar days following the request for 58 calendar days increasing the contract time to a new total of 328 calendar days and to a new substantial completion date of June 20, 2018, attached hereto as Exhibit "A"; and, P.R. 20049 Page 2 WHEREAS, approval of Change Order No. 01 will increase the contract term by 58 calendar days to a new contract term of 328 calendar days and to a new completion date of June 20, 2018 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. 01 is herein approved and the Interim City Manager and is authorized to execute said Change Order No. 01 (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. 01 increases the contract term by 58 days to a new total of 328 days and to a new completion date on June 20, 2018; and, THAT, a copy of the caption of this Resolution No. be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of , A.D. 2018 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: P.R. 20049 Page 3 Derrick Ford Freeman Mayor Attest: City Secretary Sherri Bellard APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: Valecia Tizeno Harvey Robinson City Attorney Interim City Manager APPROVED AS FOR AVAILABILITY OF FUNDS: Andrew Vasques, CPA Director of Finance Armando Gutierrez, Jr., P.E. Director of Public Works Clifton Williams, CPPB Purchasing Manager V II9IHX3 A.MA V41 ' VffAr ARCENEAUX WILSON&COLE engineering I surveying I planning March 15, 2018 Mr. Armando Gutierrez, PE Director of Public Works City of Port Arthur 444 Fourth Street Port Arthur, Texas 77640 RE: PROPOSAL FOR CHANGE ORDER NO, I PROPOSED CITY STREET IMPROVEMENTS ALONG BLUEBONNET AVENUE Job No, CPA-826 Dear Mr. Gutierrez: Attached is Change Order No. 1 for the Proposed City Street Improvements along Bluebonnet Avenue. This change order includes the request for time extension of 58 days from August to the end of February due to weather, hurricane and delays from existing water leaks on Bluebonnet Avenue requiring repairs. The City of Port Arthur's Contract Documents lists several factors that are deemed justified for a Contractor to request a time extension. Unforeseeable causes or hurricanes, rainy weather when sixty percent of the workforce cannot work for seven hours or more, and inclement weather resulting in material or any work damages are some examples. Though the days requested all meet the criteria, the City of Port Arthur's Time Extension formula to award seven calendar days for every five regular days of work lost added another 21 calendar days that can be added to the actual 50 regular days that were lost. The Contractor (Excavation & Construction) have been onsite every regular working day and if weather permitted has worked each Saturday and some holidays. The Contractor lost 18 regular days because of flooding, loss of equipment and materials caused by Hurricane Harvey, 6 days caused by a water leak and material delivery delays, and 4 days as a result of snow or below freezing temperatures. The remaining 22 regular working days the Contractor lost between the months of August until the end of February resulted from 409.724.7888 2901 Turtle Creek Dr.,Suite 320 Port Arthur,TX 77642 Engineering Surveying awceng.com F-16194 10194049 A.MAI lk CNC Vfly either a heavy rain or a steady rain that prevented the Contractor from working at least 7 hours that day. After a February meeting with the Contractor and City of Port Arthur Public Works Department we came to an agreement that the Time Extension formula will only be used up to the month of November. This agreement with Excavation & Construction will eliminate 13 calendar days and consequently we recommend the City of Port Arthur authorize the change to the contract by adding 58 calendar days to extend the contract end date from April 23, 2018 to June 20, 2018. I have attached Change Order No. 1 which modifies the contract to reflect this revision for your consideration and action. Should you have any questions or require additional information, please contact our office. Very truly yours, Arceneaux Wilson & Cole LLC TEXAS REGISTERED ENGINEERING FIRM F-16194 eestan Cole, PE Vice President 1.` $410. .. ARCENEAUX WILSON&COLE engineering!surveying IPlanning CHANGE ORDER NO. 1 DATE: March 15, 2018 JOB NO. CPA-826 AGREEMENT DATE: June 27, 2017 NAME OF PROJECT: PROPOSED CITY STREET IMPROVEMENTS ALONG BLUEBONNET AVENUE OWNER: CITY of PORT ARTHUR CONTRACTOR: EXCAVATION & CONSTSRUCTION, LLC. The following changes are hereby made to the CONTRACT DOCUMENTS: 1. Add the following Items to the Contract and Scope of Work: a. Extend contract time by 58 calendar days CHANGE ORDER NO. 1 ''.` March 15, 2018 1`'. Job No. CPA-826 .. ARCENEAUX WILSON&COLE engineering I surveying I planning CHANGE TO CONTRACT PRICE: ORIGINAL CONTRACT PRICE: $1.314,627.91 CURRENT CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $1,314,627.91 The CONTRACT PRICE due to this CHANGE ORDER will be {increased} [decreased] by: $0.00 Dollars The new CONTRACT PRICE, including this CHANGE ORDER, will be $ 1,314,627.91 CHANGE TO CONTRACT TIME: ORIGINAL CONTRACT TIME: 270 Calendar Days CURRENT CONTRACT TIME adjusted by previous CHANGE ORDER: 0 Calendar Days CURRENT DATE OF COMPLETION: April 23, 2018 CONTRACT TIME due to this CHANGE ORDER will be increased by 58 Days The New DATE OF COMPLETION: June 20. 2018 No other Terms and Conditions of the Contract are changed as a result of this Change Order. Contractor's acceptance of Change Order relieves OWNER of any liability for additional costs incurred by Contractor in his performance of the work covered by the Change Order. RECOMMENDED BY ENGINEER: ACCEPTED BY: ARCENEAUX WILSON & COLE LLC [CON CTOR,OFFICER OR OWNER] EXCAVATION & CONSTRUCTION, LLC. ACCEPTED BY: CITY of PORT ARTHUR 2of?