HomeMy WebLinkAboutPR 21701: CHANGE ORDER 3 8TH AVENUE IMPROVEMENT PROJECT City of
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INTEROFFICE MEMORANDUM
Date: December 2, 2020
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Alberto Elefano, P.E., Public Works Director
RE: P.R. 21701: 8th Avenue Improvement Project from 32nd Street to the Deadend- Change
Order No. 3 for removal and replacement of sanitary sewer service line, installation of
junction box for the amount of$15,450.00 and the assessment of liquidated damages
for the amount of$4,725.00. Project No.: ST1P11.
Introduction:
The intent of this Agenda Item is to authorize the City Manager to execute Change Order No. 3 for the
removal and replacement of a sanitary sewer service line, installation of junction box, removal and
installation of fifty feet of reinforced concrete pipe and the addition of 19 calendar days. Change Order
No. 3 also assesses liquidated damages in the amount of$4,725.00 for contract time overrun.
Background:
Pursuant to Resolution No. 19-129,Excavation&Construction,LLC of Port Arthur,Texas was awarded
the project for the 8th Avenue Project from 32nd Street to the Deadend. Change Order No. 1 was
approved by Council under Resolution No. 20-025 that increased the original contract amount of
$881,393.50 by $23,092.00 to the new contract amount of $904,485.50 for the modification of an
existing junction box, installation of concrete storm grates and the relocation of meters. Pursuant to
Resolution No. 20-195, Change Order No. 2 was approved by Council and increased the number of
calendar days by 215 days changing the completion date from February 6, 2020 to the new completion
date of August 31,2020. Change Order No. 3 is being submitted to address paving and drainage issues
for the removal and replacement of a sanitary sewer service line, installation of junction box, removal
and installation of fifty feet of reinforced concrete pipe for the amount of$15,450.00. Change Order
No. 3 will amend the original contract amount of$904,485.50 by$15,450.00 to a new contract amount
"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
of$919,935.50. Change Order No. 3 also amends the contract completion date to November 24, 2020
addressing the 70 lost calendar days out of the 85 potential working days. This nets 15 calendar days
of contract time overrun. Liquidated damages will be assessed in the amount of$4,725.00 for the 15
calendar day contract time overrun at $315.00 per day. Change Order #3 requests the addition of 19
calendar days to the amended contract completion date from November 24, 2020 to the new proposed
contract completion date of December 12, 2020.
Budget Impact:
Funds are available in the Capital Improvement Account for the Street Maintenance and Repair,
Account No. 307-1601-591.86-00. Project No. ST1P11.
Recommendation:
It is recommended that the City of Port Arthur City Council approve PR 21701 with Excavation &
Construction, LLC of Port Arthur, Texas authorizing the City Manager to execute Change Order No. 3
for the removal and replacement of a sanitary sewer service line, installation of junction box, removal
and installation of fifty feet of reinforced concrete pipe, amending the original contract amount of
$904,485.50 by $15,450.00 to a new contract amount of$919,935.50. It is also recommended that 19
calendar days be added to the amended contract date of November 24, 2020 to the new contract date of
December 12, 2020. Additionally, it is recommended that Liquidated Damages be assessed in the
amount of$4,725.00 for 15 calendar days of contract overrun.
"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
PR No. 21701
12/2/20 mje
Page 1 of 4
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
CHANGE ORDER NO. 3 TO THE CONTRACT BETWEEN THE CITY OF
PORT ARTHUR AND EXCAVATION & CONSTRUCTION, LLC OF PORT
ARTHUR, TEXAS FOR THE 8TH AVENUE IMPROVEMENT PROJECT
FROM 32ND STREET TO THE DEADEND FOR THE RELACEMENT OF A
SANITARY SEWER LINE, THE INSTALLATION OF A JUNCTION BOX,
FOR THE AMOUNT OF $15,450.00 AMENDING THE ORIGINAL
CONTRACT AMOUNT FROM $904,485.50 TO THE NEW CONTRACT
AMOUNT OF $919,935.50 AND THE ADDITION OF 19 CALENDAR
DAYS AMENDING THE COMPLETION DATE TO DECEMBER 12, 2020
AND ASSESSING LIQUIDATED DAMAGES IN THE AMOUNT OF
$4,725.00 FOR A 15 CALENDAR DAY CONTRACT TIME OVERRUN.
THE FUNDING IS AVAILABLE IN THE CAPITAL IMPROVEMENTS
STREET ACCOUNT NO. 307-1601-591.86-00. PROJECT NO. ST1P11.
WHEREAS, pursuant to Resolution No. 19-129, the City of Port Arthur City Council
awarded a contract for the 8th Avenue Improvement Project from 32nd Street to the Deadend to
Excavation & Construction, LLC of Port Arthur, Texas with a projected budgetary impact of
$881,393.50 and a term of 241 calendar days; and,
WHEREAS, pursuant to Resolution No. 20-025 Change Order No. 1 submitted by
Excavation & Construction, LLC of Port Arthur, Texas was approved by the City of Port Arthur
City Council for the modification of an existing junction box, installation of concrete storm grates
and the relocation of meters that increased the contract amount by $23,092.00 from the original
contract amount of $881,393.50 to the new contract amount of $904,485.50; and,
WHEREAS, pursuant to Resolution 20-195 Change Order No. 2 submitted by Excavation
& Construction, LLC of Port Arthur, Texas for the addition of 207 calendar days changing the
time of completion date from February 6, 2020 to August 31, 2020 with no budgetary impact
was approved by the City of Port Arthur City Council; and,
PR No.21701
12/2/2020 mje
Page 2 of 4
WHEREAS, Change Order No. 3 is being submitted by Excavation & Construction, LLC
of Port Arthur, Texas to address paving and drainage issues for the removal and replacement of
a sanitary sewer service line, installation of a junction box, removal and installation of fifty feet
of reinforced concrete pipe for the amount of $15,450.00; and,
WHEREAS, Change Order No. 3 will amend the original contact amount of $904,485.50
by $15,450.00 to the new contract amount of $919,935.50; See Exhibit A; and,
WHEREAS, Change Order No. 3 proposes to amend the contract completion date to
November 24, 2020 addressing the 70 lost calendar days out of the 85 potential working days,
this nets 15 calendar days of contract overrun; See Exhibit B; and,
WHEREAS, liquidated damages will be assessed in the amount of $4,725.00 for the 15
calendar day overrun at $315.00 per day; and,
WHEREAS, Change Order No. 3 proposes to add 19 additional calendar days to the
contract date of November 24, 2020 amending it to the new contract completion date of
December 12, 2020; and,
WHEREAS, approval of Change Order No. 3 is 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. 3 is herein approved and the City Manager is authorized to
execute said Change Order No. 3 to the contract between the City of Port Arthur and Excavation
& Construction of Port Arthur, Texas; and,
PR No. 21701
12/2/20 mje
Page 3 of 4
THAT, Change Order No. 3, submitted by Excavation & Construction, LLC of Port Arthur,
Texas amends the original contact amount of $904,485.50 by $15,450.00 to the new contract
amount of $919,635.50; and,
THAT, Change Order No. 3, submitted by Excavation & Construction, LLC of Port Arthur,
Texas extends the original contact time of completion an additional 19 calendar days to the new
time of completion of December 12, 2020; and,
THAT, liquidated damages in the amount of $4,725.00 will be assessed due to a 15
calendar day contract overrun; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED AND APPROVED this the day of , A.D. 2020 at a
meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Thurman "Bill" Bartle
Mayor
PR No.21701
12/2/2020 mje
Page 4 of 4
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
Valecia Tizeno Ron Burton
City Attorney City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
Kandy Daniel
Interim Director of Finance
Alberto Elefano, P.E.
Director of Public Works
Clifton Williams, CPPB
Purchasing Manager
EXHIBIT A
CITY OF PORT ARTHUR
DATE: November 18,2020
PROJECT: ST1P11-8th Avenue Improvement Project(32nd St.to South Dead End)
OWNER: CITY OF PORT ARTHUR
CONTRACTOR: Excavation&Construction,LLC
CHANGE ORDER NO.: 03
THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE:
Add/Delete Construction Items and/or quantities to the Contract:
Item Item Original New Unit
No. Code Description Unit Amount
Quantity Quantity PriCe
PAVING AND DRAINAGE
479 Install Manhole Box(San.Swr.Encasement,Conflict w/Storm Pipe) EA - 1 $5,500.00 $5,500.00
PAVING&DRAINAGE TOTAL AMOUNT ADDED $5,500.00
UTILITIES
Remove Existing San.Sewer Service Line&Install Lowered New Line EA - 3 $2,000.00 $6,000.00
Install San.Sewer Service Line in New Location(2911 8th Ave.) EA - 1 $3,950.00 $3,950.00
UTILITIES TOTAL AMOUNT ADDED $9,950.00
CHANGE ORDER TOTAL AMOUNT ADDED $15,450.00
ORIGINAL CONTRACT AMOUNT: $881,393.50
NET FROM PREVIOUS CHANGE ORDERS: $904,485.50
TOTAL AMOUNT OF THIS CHANGE ORDER: $15,450.00
PERCENT OF THIS CHANGE ORDER: 1.75%
TOTAL PERCENT CHANGE ORDER TO DATE: 4.37%
NEW CONTRACT AMOUNT: $919,935.50
19 CALENDAR DAYS HAVE BEEN ADDED IN THE CONTRACT BY THIS CHANGE ORDER
ACCEPTED BY: PREPARED BY:
EXCAVATION&CONSTRUCTION,LLC JEREMY MITCHELL,P.E.,RPLS
CONTRACTOR SOUTEX SURVEYORS&ENGINEERS
APPROVED BY:
DeWAYNE DAVIS,P.E. ALBERTO ELEFANO,P.E.
CITY ENGINEER PUBLIC WORKS DIRECTOR
ATTESTED BY:
RON BURTON CLIFTON WILLIAMS,CPBB
CITY MANAGER PURCHASING MANAGER
REQUEST FOR EXTENSION OF TIME DUE TO WEATHER OR SUPPLIES
CITY OF PORT ARTHUR
DA 1'h: November 18 ,2020
MONTH OF: , 2020
CITY of PORT ARTHUR,TEXAS
P.O. BOX 1089
CITY of PORT ARTHUR,TEXAS 77641-1089
ATTENTION: Public Works Department
Gentlemen:
We request extension of completion time on our Contract due to the days of work lost as
specified below in addition to days requested to complete additional work added to the contract
per this Change Order No. 3. Contract days were suspended beginning September 1, 2020 and
will resume upon approval of this Change Order Nov.24,2020.
19 Calendar Days Requested
Reasons for Request:
• 19 Calendar days needed to perform tasks added to the contract in this change
order including; installing a new manhole and eliminating conflicts with sewer
service lines.
Contractor: Excavation&Construction,LLC
By: ✓'�
Approved for extension of calendar days.
Disapproved.
Date: , 20 CITY OF CITY OF PORT ARTHUR,TEXAS
BY:
City Manager
Distribution by City
Original: Public Works Engineering
Cc: Engineer
Contractor
CPA Federally Funded
EXHIBIT B
6601 Proctor Street Ext. Phone:409-722-6880
Port Arthur TX.77642 FAX:409 722 5480
111
EKCAVAT■ v y
ON5TRVCT■ U ,
Attn: Public Works Department
City of Port Arthur
444 4th Street
Port Arthur, Texas 77640
Gentlemen:
We (Excavation and Construction LLc.) believe that we could be liable for 15 days of
liquidated damages, at $315 per day (per the contract) for a total of $4,725 on the 8th
Avenue project. We were out of the contract 85 days and lost 70 contract days awaiting
approval of Change Order 3. This difference is 15 days. With the approval of this letter and
Change Order 3 we will finish the project within 19 calendar days (December 12, 2020).
Sincerely,
Eric Gilchriest
General Manger
11/19/2020