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Home My WebLink AboutPR 21560: CHANGE ORDER 4 SUNKEN COURT ROADWAY RECONSTRUCTION PROJECT C;n•n ort rtliu www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: December 1,2020 To: The Honorable Mayor and City Council Through: Ron Burton,City Manager From: Alberto Elefano, P.E.,Public Works Director RE: P.R.21560: Sunken Court Roadway Reconstruction Project from Twin City Highway to North Park Drive,Change Order No.4 for the addition of 73 calendar days to project and the assessment of liquidated damages in the amount of$12,000.00;Project No.: ST1 P02. Introduction: The intent of this Agenda Item is to authorize the City Manager to execute Change Order No. 4 for the addition of 73 calendar days amending the original contract completion date of August 20,2020 to the new contract completion date of November 1,2020. Background: Pursuant to Resolution No. 19-412,Excavation&Construction,LLC of Port Arthur,Texas was awarded the project for the Sunken Court Reconstruction Project from Twin City Highway to North Park Drive. Change Order No. 1 was approved by Council pursuant to Resolution 20-026 that increased original contract amount of $2,268,343.13 by $41,225.48 to the new contract amount of $2,309,568.61 for the removal and replacement of an existing waterline. Change Order No.2 was approved by Council pursuant to Resolution 20-146 for a waterline tie-in at Bernhardt Drive that increased the contract amount by$11,206.66 to the new contract amount of$2,320,775.27. Change Order No. 3, approved under Resolution 20-164, increased the original contract amount of$2,320,775.27 by $20,515.12 to the new contract amount of$2,341,290.39. Change Order No. 3 also extended the time of completion by adding 60 calendar days to the original completion date June 21,2020 changing it to the new completion date of August 20,2020. Change Order No. 4, submitted by Excavation & Construction, LLC of Port Arthur, Texas is being submitted to add an additional 73 calendar days to the original contract time due to inclement weather(43 days)and COVID-19 (30 days). Change Order No.4 will amend the original contract completion date of August 20,2020 to the new contract completion date of November 1, 2020. Additionally, Change Order No.4 addresses 24 days of Contract Time Overage assessed at $500.00 per day for the total amount of Liquidated Damages of $12,000.00. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 PR No.21560 12/1/20 mje Page 1 of 4 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 4 TO THE CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND EXCAVATION & CONSTRUCTION, LLC OF PORT ARTHUR, TEXAS FOR THE SUNKEN COURT ROADWAY RECONSTRUCTION PROJECT FROM TWIN CITY HIGHWAY TO NORTH PARK DRIVE EXTENDING THE CONTRACT TIME BY 73 CALENDAR DAYS CHANGING THE ORGINAL CONTRACT COMPLETION DATE OF AUGUST 20, 2020 TO THE NEW CONTRACT COMPLETION DATE OF NOVEMBER 1, 2020 AND ASSESSING LIQUIDATED DAMAGES FOR CONTRACT TIME OVERAGE IN THE AMOUNT OF $12,000.00. FUNDING IS NOT IMPACTED IN THE CAPITAL IMPROVEMENTS STREET ACCOUNT NO. 307-1601-591.86- 00. PROJECT NO. ST1P02. WHEREAS, pursuant to Resolution No. 19-412, the City of Port Arthur City Council awarded a contract for the Sunken Court Reconstruction Project from Twin City Highway to North Park Drive to Excavation & Construction, LLC (Contractor) of Port Arthur, Texas with a projected budgetary impact of $2,268,343.13 and a term of 230 calendar days; and, WHEREAS, pursuant to Resolution No. 20-026, the City of Port Arthur City Council approved Change Order No. 1 submitted by Excavation&Construction, LLC of Port Arthur,Texas for the removal and replacement of an existing water line that increased the contract amount by $41,225.48 from the original contract amount of $2,268,343.13 to the new contract amount of $2,309,568.61; and, WHEREAS, pursuant to Resolution No. 20-146, the City of Port Arthur City Council approved Change Order No. 2 submitted by Excavation&Construction, LLC of Port Arthur,Texas for the waterline tie-in at Bernhardt Drive that increased the contract amount by $11,206.66 PR No.21560 12/1/2020 mje Page 2 of 4 from the original contract amount of $2,309,568.61 to the new contract amount of $2,320,775.27; and, WHEREAS, pursuant to Resolution No. 20-164, the City of Port Arthur City Council approved Change Order No. 3 submitted by Excavation &Construction, LLC of Port Arthur,Texas that increased the original contract amount of$2,320,775.27 by $20,515.12 to the new contract amount of $2,341,290.39 and added 60 calendar days changing it to the new contract completion date of August 20, 2020; and, WHEREAS, Change Order No. 4 is being submitted on behalf of Excavation & Construction, LLC of Port Arthur, Texas by Schaumburg & Polk, Inc. of Beaumont, Texas, to address inclement weather (43 days) and the effects of COVID-19 on personnel availability (30 days) that proposes to add 73 calendar days to the original contract completion date of August 20, 2020 to the new contract completion date of October 16, 2020, See Exhibit A, Option 2; and, WHEREAS, it was determined that the project was substantially completed as of November 25, 2020 which resulted in Contract Time Overage of 24 calendar days; and, WHEREAS, pursuant to the contract with the City of Port Arthur, Excavation & Construction, LLC of Port Arthur, Texas agreed to pay $500.00 per calendar day for liquidated damages for Contract Time Overages; and, WHEREAS, Change Order No. 4 assesses Liquidated Damages at $500.00 per day for 24 days totaling in the amount of $2,000.00; and, WHEREAS, approval of Change Order No. 4 is herein deemed an appropriate action; now, therefore, S December 2, 2020 SCHAUMBURG POLK, Mr. Alberto Elefano, F.E. City of Port Arthur, Texas City Hall, 444 4th Street Port Arthur, Texas 77460 Re: Sunken Court Roadway Reconstruction —Change Order No.4 Contract No. 19-239, PO No. 217678 Dear Mr. Elefano, Per discussions with City Staff and Contractor, the attached letter dated November 18, 2020 outlines the amount of additional time requested by the Contractor on the above-mentioned project. The attached letter dated November 19, 2020 presented Option 1 and 2 for the City's use in determining the amount of additional contract time to be granted. Per City Council meeting held November 24, 2020 the City Council elected to approve Option 2, thus resulting in a contract time overage of 24 days and assess liquidated damages accordingly. Liquidated damages assessed for time overage of 24 days per the contract documents results in applicable damages of$12,000.00. Also, attached is a copy of Change Order no.4 adding the applicable calendar days to the contract. Once we have the signed original I will forward to your office. If you have any questions or need any additional information, please do not hesitate to contact me at(409) 866-0341. Sincerely, SCHAUMBURG & POLK, INC. �i1 D Troy Whitehead, P.E. Project Manager Cc wlenclosures: P)1`7 l=t�lf Q + Su,te 10(.i ' ire tmont. T*" 77 www.SPI-ENG.com 6601 Proctor Street Ext. - _ Phone:409-722-6880 Port Arthur TX. 77642 �r► FAX 409-722-5480 ICC AVAT■ L7 EMI 4060 CONSTRU Ciro O INN Troy Whitehead Schaumburg & Polk, INC. 8865 College St. #100 Beaumont, Texas 77707 Dear Troy Whitehead: We (Excavation and Construction LLc.) are requesting an extension of time on the Sunken Court project due to weather and Covid-19 delays. We have inquired a total of 74 days that we have been unable to work due to rain, conditions being excessively muddy or Hurricane weather and damages. When you subtract the 30 weather days that are included in the contract time it comes out to 44 days requested. We are also requesting 30 days for the Covid-19 Pandemic. We are requesting these days due to shortages in materials causing increase in time to receive materials, vendors being shut down due to state and federal passed mandates along with the City Office's being impacted as well. Between weather and Covid-19 we are requesting a total 74 Delay days. Sincerely, Ethan Langston Project Manger 11/18/2020 CITY OF PORT ARTHUR DATE: November 19,2020 PROJECT: SUNKEN COURT ROADWAY RECONSTRUCTION OWNER: CITY OF PORT ARTHUR-Job No.19-239(P.O.No.217678) CONTRACTOR: EXCAVATORS AND CONSTRUCTORS,LLC. CHANGE ORDER NO.: 04 ..... :2`I3fs��}LL4fltfil3l�f�:C1fANr-lt'a7iY fi�7'�lti�Sl�TtTIif�Ft SPEGtl?'IC��ON3 AfiI1�E�2EB'SI'.M,P1DB. - REASON FOR CHANGE:REVISE CONTRACT TIME TO INCLUDE INCLEMENT WEATHER DELAYS AND DELAYS RELATED TO COVID-19 PANDEMIC: ORIGINAL CON I KACT AMOUNT: S 2,268,343.I3 NET FROM PREVIOUS CHANGE ORDERS:1,2,3 S 72,947.26 TOTAL AMOUNT OF THIS CHANGE ORDER: S - PERCENT OF THIS CHANGE ORDER: 0.00% TOTAL PERCENT CHANGE ORDER TO DATE: 3.22% NEW CONTRACT AMOUNT: S 2,341,290.39 NUMBER OF ORIGINAL CONTRACT DAYS 230 TOTAL NUMBER OF INCLEMENT WEATER DAYS INCLUDED IN CONTRACT -30 TOTAL AMOUNT OF CALENDAR DAYS ADDED BY PREVIOUS CHANGE ORDERS:1,2,3 60 TOTAL AMOUNT OF CALENDAR DAYS ADDED BY THIS CHANGE ORDER 73 TOTAL NUMBER OF DAYS REQUESTED RELATED TO COVED-19 30 TOTAL NUMBER OF CONTRACT DAYS INCLUDING CHANGE ORDER 363 CONTRACT NOTICE TO PROCEED November 4,2019 REVISED CONTRACT DATE INCLUDING CHANGE ORDERS November 1,2020 ACCEPTED BY: PREPARED BY: EXCAVATORS AND CONSTRUCTORS,LLC. SCHAUMBURG&POLK,INC. APPROVED BY: PUBLIC WORKS ALBERTO ELEFANO,P.E. PUBLIC WORKS DIRECTOR ATTESTED BY: RON BURTON CLIFTON WILLIAMS,CPBB