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Home My WebLink AboutPR 22445: APPROVAL OOF DEDUCTIVE TIME-EXTENSION CHANGE ORDER FOR CONTRACT WITH MK CONSTRUCTORS City of nrt rtltur INTEROFFICE MEMORANDUM Date: March 18, 2022 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Calvin Matthews, Water Utilities Director RE: PR 22445 —Approval of Deductive,Time-Extension Change Order Introduction: The intent of this Agenda Item is to seek City Council's approval of Change Order No. Two (2) for the Remediation and Mitigation of the Twelve (12) Harvey Lift Stations as a deductive, time-extension change order. The original contract amount was awarded by Resolution No. 21-134 on April 13, 2021 for $1,278,248.00. The contract amount after Change Order No. One (1), approved by Resolution No. 21-340 was unchanged, but provided for a sixty (60) day extension due to shipping delays by the equipment supplier for the project's submersible pumps. Change Order No. Two (2) is for a time extension of sixty(60) days and grants a deduct credit of$10,000.00. Background: In April of 2021, the Council passed Resolution No. 21-134, awarding the Remediation and Mitigation of the Twelve (12) Harvey Lift Stations contract to BDS Constructors, LLC DBA MK Constructors of Vidor,Texas. The project is managed by Arceneaux, Wilson& Cole, LLC of Port Arthur, Texas. Budget Impact: The original contract amount was $1,278,248.00; the contract amount after Change Order No. One (1) was unchanged. Change Order No. Two (2) is a deductive change order by $10,000.00. Funds are available in Account No. 405-40-000-8516-00-00-000, Project No. WS0005-CON. Recommendation: It is recommended that City Council adopt Proposed Resolution No. 22445, which extends the duration of the project for 60 days. "Remember,we are here to serve the Citizens of Port Arthur" PR No. 22445 3/18/22 bw Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 2 TO THE CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND BDS CONSTRUCTORS, LLC DBA MK CONSTRUCTORS OF VIDOR, TEXAS FOR THE REMEDIATION AND MITIGATION OF THE TWELVE (12) HARVEY LIFT STATIONS, EXTENDING THE DURATION OF THE PROJECT WITH A TIME EXTENSION OF 60 DAYS AND ACCOUNTING FOR A $10,000.00 REDUCTION IN THE CONTRACT AMOUNT OF $1,278,248.00; ACCOUNT NO. 405-40-000-8516-00-00- 000, PROJECT NO.WS0005-CON. WHEREAS, pursuant to Resolution No. 21-134, City Council awarded a contract to BDS Constructors, LLC DBA MK Constructors of Vidor, Texas, for the remediation and mitigation of the twelve(12)Harvey lift stations for the amount of$1,278,248.00; and, WHEREAS, pursuant to Resolution No. 21-340, City Council approved a non-monetary change order (No. One (1) to BDS Constructors, LLC DBA MK Constructors of Vidor, Texas, extending the completion date by 60 days due to shipping delays by the equipment supplier for the project's submersible pumps; and, WHEREAS, Arceneaux Wilson & Cole LLC, Project Engineers, has submitted deductive Change Order No. Two (2) (attached hereto as Exhibit "A") to the Remediation and Mitigation of the Twelve (12) Harvey Lift Stations in the amount of$10,000.00,to a new total of $1,268,248.00, and extending the completion date by 60 days to the project to a new term of 330 days; and, 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, the City Manager of the City of Port Arthur is hereby authorized and directed to approve deductive Change Order No. Two (2)to the contract with BDS Constructors, LLC DBA PR No. 22445 3/18/22 bw Page 2 of 3 MK Constructors of Vidor, Texas, Texas in the amount of $10,000.00, to a new total of $1,268,248.00, and increasing the duration of the project with a time extension of 60 days due to material changes to a new term of 330 days (April 28, 2022), in substantially the same form as attached hereto as Exhibit"A". 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 , 2022 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers • NOES: Thurman"Bill" Bartie Mayor ATTEST: APPROVED AS TO FORM: Eu U Sherri Bellard Valecia Tiz no City Secretary City Attorney PR No. 22445 3/18/22 bw Page 3 of 3 APPROVED FOR ADMINISTRATION: Ronald Burton City Manager /4/11411 Calvin Matthews, P.E. Water Utilities Director APPROVED AS TO AVAILABILITY OF FUNDING: / 4/, L, • Kandy Dani 1 Clifton Williams Interim Finance Director Purchasing Manager EXHIBIT A (Change Order 2) `_ itaARCENEAUX WILSON&COLE engineering I surveying I planning February 24, 2022 Mr. Calvin Matthews, P.E. City of Port Arthur Director of Water Utilities 444 4th Street Port Arthur, Texas 77640 RE: Proposal For Change Order No. 02 for LIFT STATION REMEDIATION&MITIGATION AWC Job No. CPA-970 Mr. Matthews: Attached is Change Order No. 2 for the Lift Station Remediation & Mitigation project. This change order is for extending the contract time by sixty (60) calendar days and granting a deduct credit of$10,000.00. The electrical equipment supplier for the project has informed the Contractor of an additional 6-8 week shipping delay beyond the original anticipated delivery timeframe. This delay would potentially be 40 weeks if the City were to proceed with utilizing stainless steel electrical enclosures. In the interest of time and providing the City a quality final product,the Contractor has offered to use Nema 3R enclosures in lieu of the stainless-steel enclosures. The Contractor has currently completed all construction activities involving new fencing and elevated platforms at the lift station sites. The remainder of the proposed work is directly dependent on the Contractor's receipt of the currently delayed electrical equipment. This change order will decrease the Contract by $10,000.00 and add 60 Calendar Days to the contract time. We recommend that the City of Port Arthur authorize this change order to the contract as submitted. We have attached Change Order 409.724.7888 2901 Turtle Creek Dr.,Suite 320 Port Arthur,TX 77642 Engineering Surveying awceng.com F-16194 10194049 colic Trx `. No. 2 which modifies the contract to reflect this change for your consideration and action. Should you have any questions or require additional information, please contact our office. ARCENEAUX WILSON&COLE LLC TEXAS REGISTERED ENGINEERING FIRM F-16194 Keith Zotzky, . ., CFM Attached: Change Order#02 MK Constructors Time Extension Request II antic 1'_ .4 VffAr ARCENEAUX WILSON&COLE enginee,Ing I surveying I piormng CHANGE ORDER NO, 2 DATE: February 24, 2022 JOB NO.: CPA-970 AGREEMENT DATE: April 19, 2021 NAME OF PROJECT: Lift Station Remediation & Mitigation OWNER: CITY of PORT ARTHUR CONTRACTOR: MK CONSTRUCTORS The following changes are hereby made to the CONTRACT DOCUMENTS: 1. Extend Contract Time by 60 Calendar Days to account for electrical equipment delivery delay. 2. Reduce Contract Amount by$10,000 for utilizing Nema 3R electrical enclosures in lieu of stainless steel. TOTAL -$10,000.00 CHANGE TO CONTRACT PRICE: ORIGINAL CONTRACT PRICE: $1,278,248.00 CURRENT CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $1,278,248.00 The CONTRACT PRICE due to this CHANGE ORDER will be [decreased] by: $10,000.00 The new CONTRACT PRICE, including this CHANGE ORDER, will be $1,268,248.00 1 of 2 '�_ CHANGE ORDER NO. 2 V$% February 24, 2022 �" Job No. CPA-970 ARCENEAUX WILSON&COLE engineering I wrveying I planning CHANGE TO CONTRACT TIME: ORIGINAL CONTRACT TIME: 210 Calendar Days CURRENT CONTRACT TIME adjusted by previous CHANGE ORDER: 60 Calendar Days CURRENT DATE OF COMPLETION: February 27, 2022 CONTRACT TIME due to this CHANGE ORDER will be increased by 60 Calendar Days The New DATE OF COMPLETION: April 28, 2022 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: tison ARCENEAUX 1, ''N & COLE LLC (CONTRACTOR, OFFICER OR OWNER) MK CONSTRUCTORS ACCEPTED BY: CITY of PORT ARTHUR 2of2 Keith Zotzky From: Mike Suire <mikes@mkconstructors.com> Sent: Wednesday, February 23, 2022 2:04 PM To: Keith Zotzky Subject: 12 lift stations deduct [External Message] Keith, MK will give a $10,000 dollar deduct for the Port Arthur 12 lift stations. We are also requesting an additional 60 days be added to the contract for electrical issues and delays. Please contact me with any questions. /tide Seth MK Constructors 16736 IH 10 (physical) 77662 PO Box 1208 (mailing) 77670 Vidor TX 409 769 0089 office 409 769 1288 fax 409 730 3451 cell mikes@mkconstructors.com External Message:This message originated from outside of the awceng.com domain or is not from an authorized AWC sender. Please use caution when clicking any links,entering any login information, replying to a message, or opening g � any attachments. For a judgement-free second opinion,forward this message to fishy@awceng.com. I' 1