HomeMy WebLinkAboutPR 23257: CHANGE ORDER 6, LIFT STATION REMEDIATION AND MITIGATION PROJECT (-fry of
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Texas.
INTEROFFICE MEMORANDUM
Date: November 15, 2023
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Calvin Matthews, P.E., Water Utilities Director
RE: PR 23257—Execute Change Order No. 6 and Accept the Project Completion
Documents of Lift Station Remediation&Mitigation Project
Introduction:
The intent of this Agenda Item is to seek the City Council's approval to ratify Change Order
No. 6, close out the Lift Station Remediation & Mitigation Project, and release the final
retainage of$69,289.40.
Background:
On April 13, 2021, Resolution No. 21-134, awarded the Lift Station Remediation&Mitigation
Project to BDS Constructors, LLC dba MK Constructors of Vidor, Texas.
• Change Order No. 1 was a time extension-only change order,but due to an oversight, it
was not processed. Contract Change Order No. 3 reconciled the previously requested
time extension of 60 days in Change Order No. 1 which was not processed.
• Change Order No. 2, approved by Resolution No. 22-125, was for a time extension of
60 days and a deduction of$10,000.00.
• Change Order No. 3, approved by Resolution 22-210, was a time-extension change
order of 120 days, which includes the time extension not processed from Change Order
No. 1, making the contract end date June 27, 2022.
• Change Order No. 4 increased the contract time by 100 calendar days and increased the
contract amount by $79,417.00 to account for additional scope of work to include
removing and replacing existing Automatic Transfer Switches (ATS) at 4 lift station
sites, which are listed as 46th Street, El Vista, Montrose, and 74th Street. Additional
time is required due to demand and supply chain issues that are delaying equipment
deliveries by the manufacturers.
"Remember,we are here to serve the Citizens of Port Arthur"
of
urt rtftu _
• Change Order No. 5 increased the contract time by 120 calendar days and increased the
contract amount by $13,513.00 to update conduit size to meet Entergy's new revision
at four (4) lift station sites, specifically, West Port Arthur Road, El Vista, Lakeside and
Montrose.
• Change Order No. 6 increased the contract time by 90 calendar days and increased the
contract amount by $24,610.00 for Entergy' required modifications necessary for the
installed automatic transfer switches.
Budjiet Impact:
The original contract amount was $1,278,248.00.
• Change Order No. 1 had no budgetary impact.
• Change Order No. 2 was a decrease of$10,000.00.
• Change Order No. 3 had no budgetary impact.
• Change Order No. 4 was an increase of$79,417.00.
• Change Order No. 5 was an increase of$13,513.00.
• Change Order No. 6 was an increase of$24,610.00
The final cost of the project is $1,385,788.00. Funding is available in Account No. 405-40-
000-8516-00-00-000, Project No. WS-0005-CON.
Recommendation:
It is recommended that the City Council adopt Proposed Resolution No. 23257, which ratifies
Change Order No. 6, authorizes the City Manager to accept the closeout documents, and
releases the final retainage.
"Remember,we are here to serve the Citizens of Port Arthur"
PR No. 23257
11/15/23 JL
Page 1 of 4
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO RATIFY CHANGE ORDER NO. 6 AND ACCEPT THE
PROJECT COMPLETION DOCUMENTS FOR THE LIFT
STATION REMEDIATION AND MITIGATION PROJECT
WITH BDS CONSTRUCTORS, LLC DBA MK
CONSTRUCTORS OF VIDOR, TEXAS, AND RELEASE
THE RETAINAGE IN THE AMOUNT OF $69,289.40;
FUNDING FOR THE PROJECT IS AVAILABLE IN
ACCOUNT NO. 405-40-000-8516-00-00-000, PROJECT NO.
WS0005-CON.
WHEREAS, pursuant to Resolution No. 21-134, City Council awarded the construction
contract of Lift Station Remediation and Mitigation Project to BDS Constructors, LLC dba MK
Constructors of Vidor, Texas, for the total amount of$1,278,248.00; and,
WHEREAS, Change Order No. 1 was submitted to the Utilities Department by
Arceneaux, Wilson and Cole, LLC, was not processed due to an oversight, but was later
reconciled with the approval of Change Order No. 3; and,
WHEREAS, pursuant to Resolution No. 22-125, the City Council approved deductive
Change Order No. 2 in the amount of$10,000.00 and extending the completion date by 60 days;
and,
WHEREAS, pursuant to Resolution No. 22-210, the City Council approved Change
Order No. 3, extending the completion date by 120 days with no cost impact, and reconciled the
previously requested time extension of 60 days in Change Order No. 1 that was not processed;
and,
WHEREAS, pursuant to Resolution No. 22-299, the City Council approved Change
Order No. 4, extending the completion date by 100 days and increasing the total project cost by
$79,417.00 to include removing and replacing Automatic Transfer Switches (ATS) at four (4) lift
PR No. 23257
11/15/23 JL
Page 2 of 4
station sites, listed as 46th Street, El Vista, Montrose, and 74th Street; and,
WHEREAS, pursuant to Resolution No. 22-516, the City Council approved Change
Order No. 5, extending the completion date by 120 days and increasing the total project cost by
$13,513.00 to account for updating the conduit size to meet Entergy's new standard at four (4)
lift station sites, specifically, West Port Arthur Road, El Vista, Lakeside and Montrose; and,
WHEREAS, the Arceneaux, Wilson & Cole, LLC of Port Arthur, Texas, submitted the
Change Order No. 6 (Exhibit "A") for increasing the contract amount by $24,610.00 to a total
contract amount of$1,385,788.00 for modification necessary to the installed automatic transfer
switches at four lift station sites; and,
WHEREAS, Arceneaux, Wilson & Cole, LLC of Port Arthur, Texas, submitted the
closeout documents on November 14, 2023, stating that to the best of their knowledge, Lift
Station Remediation and Mitigation Project has been completed in general accordance with the
City standards attached hereto and made a part hereof as (Exhibit "B"), together with an
Engineer's Certificate of Completion (Exhibit "C"), Contractor's Certificate of Guarantee
(Exhibit "D"), Contractor's Affidavit (Exhibit "E"), Contractor's Certificate and Release
(Exhibit"F"), executed by BDS Constructors, LLC DBA MK Constructors; and,
WHEREAS, the retainage for this project is due, as the work is completed and billed,
and the project engineer, Arceneaux, Wilson & Cole, LLC of Port Arthur, Texas, approves the
release of the retainage to BDS Constructors, LLC DBA MK Constructors, in the amount of
$69,289.40 (see Exhibit "H").
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,
PR No. 23257
11/15/23 JL
Page 3 of 4
THAT, the City Manager is hereby authorized to ratify Change Order No. 6 (Exhibit
"A") and accept the closeout documents of Lift Station Remediation and Mitigation Project.
including Engineer's Certificate of Completion (Exhibit "C"), Contractor's Certificate of
Guarantee (Exhibit "D"), Contractor's Affidavit (Exhibit "E"), Contractor's Certificate and
Release (Exhibit "F"), and execute the Certificate of Acceptance (Exhibit "G") to release the
retainage in the amount of $69,289.40 (Exhibit "H") to BDS Constructors, LLC dba MK
Constructors.; and,
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 , 2023 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
PR No. 23257
11/15/23 JL
Page 4 of 4
ATTEST: APPROVED AS TO FORM:
t/mii p
Sherri Bellard Valeci izeno
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton Clifton Williams, CPPB
City ana er Purchasing Manager
Calvin ws, .E.
Water Utilities Director
APPROVED AS TO AVAILABILITY OF FUNDS:
di 69/iu-a-ti
Lynda :oswell
Finance Director
z,3 2> 5 1
EXHIBIT A
(Change Order No. 6)
..+WWW+AI CIMIC
.. ARCENEAUX WILSON&COLE
engineering I surveying I planning
February 28, 2023
Mr. Calvin Matthews, P.E.
City of Port Arthur
Director of Water Utilities
444 4t" Street
Port Arthur,Texas 77640
RE: Proposal For Change Order No. 06 for
LIFT STATION REMEDIA TION&MITIGATION
AWC Job No. CPA-970
Mr. Matthews:
Attached is Change Order No. 6 for the Lift Station Remediation & Mitigation
project. This change order is for increasing the contract amount by$24,610.00 and
extending the contract time by ninety(90) calendar days.
The original design included wye electrical service at 46t" Street, El Vista, 9th
Avenue, and Montrose from Entergy into the sites. This was coordinated with
Entergy by the electrical engineer during the project's design phase. When
Entergy made their site inspections with the Contractor prior to main power
supply connection, they informed the Contractor that these services were not
going to be changed from the existing 3-phase delta service to the originally
proposed wye service due to the increased cost implications, material availability,
and unknown schedule for converting to the wye electrical services. The City,
Engineer,- and Contractor have all coordinated with Entergy to request the
originally designed wye service conversion be made, however Entergy maintains
that due to the aforementioned reasons the existing 3-phase delta services will
remain active for these sites. This change from the original design requires the
already installed automatic transfer switches (ATS) at each of these sites to be
modified to handle the different type of electrical service.
409.724.7888
2901 Turtle Creek Dr.,Suite 320
Port Arthur,TX 77642 Engineering Surveying
awceng.com F-16194 10194049
cnic
This change order will add 90 Calendar Days to the contract time to account for
the additional scope of work and Entergy coordination. We recommend that the
City of Port Arthur authorize this change order to the contract as submitted. We
have attached Change Order No. 6 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&COLELLC
TEXAS REGISTERED ENGINEERING FIRM F-16194
vim.
Keith Zotzky, `. ., CFM
Attached'
Change Order#06
MK Constructors Change Order Request
I
I
441z
♦M' ARCENEAUX WILSON&COLE
engineering I surdeying I Planning
CHANGE ORDER NO. 6
DATE: February 28, 2023 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. Increase Contract Amount by $24,610.00 to account for modifications
necessary to the installed automatic transfer switches (ATS) at four (4) lift station sites.
Sites include 46th Street, El Vista, 9th Avenue, and Montrose.
2. Extend Contract Time by 90 Calendar Days to account for added scope of work
and material procurement.
TOTAL $24,610.00
CHANGE TO CONTRACT PRICE:
ORIGINAL CONTRACT PRICE: $1,278,248.00
CURRENT CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $1,361,178.00
The CONTRACT PRICE due to this CHANGE ORDER will be [increased]
by: $24,610.00
The new CONTRACT PRICE, including this CHANGE ORDER, will be $1,385,788.00
1 of 2
1
__ CHANGE ORDER NO. 6
'•_ February28, 2023
1 auic
'�._1. No.
Job CPA-970
ARCENEAUX WILSON&COLE
cngirnioring I surveying I Planning
CHANGE TO CONTRACT TIME:
ORIGINAL CONTRACT TIME: 210 Calendar Days
CURRENT CONTRACT TIME adjusted by previous CHANGE ORDER: 400 Calendar Days
CURRENT DATE OF COMPLETION: February 2, 2023
CONTRACT TIME due to this CHANGE ORDER will be increased by 90 Calendar Days
The New DATE OF COMPLETION: May 3, 2023
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 Y ENGINEER: ACCEPTED BY:
ilmikink N%,\.% ,„:,
ARCENEAU N & COLE LLC (CONTRACTOR, OFFICER OR OWNER)
MK CONSTRUCTORS
ACCEPTED BY:
CITY of PORT ARTHUR
2 of 2
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., ww,wmkconstructors comb
CONSTRUCTORS
te
2/27/23
Keith Zotzky, P.E.(TX,LA),CFM I Project Manager
Keith,Zotzky@awceng.com/281.543.2663
Arceneaux Wilson&Cole LLC
3120 Central Mall Drive
Port Arthur,TX 77642
409.724.7888
RE: Port Arthur 12 Lift Stations Change order for voltage changes
Keith,
Below is a price to convert the 3 phase"Y"to"delta"for control power on the ATS'used on Lift
Stations listed:46th Street,9th Ave., El Vista,and Montrose. Power at site is 3 phase Delta which
means 3 wire w/no Neutral.Power as shown on plans is"Y" meaning it has 4 wires including a
neutral.The neutral wire is needed for the controller on the ATS to work properly as they were
ordered according to plans and specs.We are told Entergy is no longer terminating to a delta
system due to the dangers of the application,however it is expensive to change and Entergy left
them as they were in this case.This may be the reason for the oversite on the plans and specs.This
bid includes transformers needed per site as well as technicians labor and travel time.
Total:$24,610.00
A6c'aie
MK Constructors
2485 North St.
Vidor TX 77662
1
EXHIBIT B
(Arceneaux Wilson & Cole Engineer Cover Letter)
'MM.
.1110) CIIMIC
.. ARCENEAUX WILSON&COLE
engineering I surveying I planning
November 15, 2023
Calvin Matthews, P.E.
City of Port Arthur
Director of Water Utilities
444 4th Street
Port Arthur, Texas 77640
RE: CLOSEOUT DOCUMENTS, RECOMMENDATION for FINAL PAYMENT and
RELEASE of RETAINAGE
Lift Station Remediation & Mitigation
AWC NO. CPA-970
Dear Mr. Matthews:
Attached for your records are the project completion documents for the Lift Station
Remediation & Mitigation project. These documents include the Engineer's Certificate of
Completion, Contractor's Certificate of Guarantee, Contractor's Certificate of Release,
Contractors Affidavit,and Invoice No. 18(Final).
These documents were executed showing a balance due the Contractor from the City. This
balance is the amount due for Invoice No. 17, the retainage withheld from the monthly
estimates. As stipulated in the contract documents the retainage for this project is five
percent(5%)of the work completed and billed. It is our recommendation that the retainage
held by the City be released to the Contractor and final payment made. This will result in a
final payment to MK Constructors from the City of Port Arthur in the • ount of Sixty-Nine
Thousand Two Hundred Eighty-Nine Dollars and Forty Cent�$69,289.40). hould you have
any questions or require further information please do not hesitate to contact me at 409-724-
7888.
Sincerely,
ARCENEAUX WILSON & COLE LLC
Keith Zotzky, PL, FM
Project Manager
Attachments: Engineer's Certificate of Completion
Contractor's Certificate of Guarantee
Contractor's Certificate and Release
Contractor's Affidavit
Pay Invoice No.18(Final)
409.724.7888
3120 Central Mall Drive
Port Arthur,TX 77642 Engineering Surveying
awceng.com F-16194 10194049
EXHIBIT C
• (Engineer's Certificate of Completion)
ENGINEER'S CERTIFICATE OF COMPLETION
Project: LIFT STATION REMEDIATION&MITIGATION
Date of Issuance:OCTOBER 19,2023
Owner(s):CITY OF PORT ARTHUR
Owner's Project No.: CPA-970,Contract No. I
Engineer: ARCENEAUX WILSON&COLE LLC
Contractor: MK CONSTRUCTORS
This Engineer's Certificate of Completion applies to all Work under the Contract Documents or to
the following specified parts thereof:
TO CITY OF PORT ARTHUR
[OWNER]
AND TO MK CONSTRUCTORS
[CONTRACTOR]
The Work to which this Certificate applies has been inspected by authorized representatives of
Owner, Contractor and Engineer, and that Work is hereby declared to be complete in accordance
with the Contract Documents on
OCTOBER 19,2023
DATE OF COMPLETION _�.����\�
i5P;� OF riN%%
Executed by Engineer on OCTOBER 19 ,2023 i`'•' �� s'
BRIAN K.ZOTZKY
let%. 124808 400"
(111i/0 ENSiN+-"
BY: %•\tt��:-
ARCENEAUX WILSO LLC [SEAL]
I/I
EXHIBIT D
(Contractor's Certificate of Guarantee)
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: CITY OF PORT ARTHUR
TO:MK CONSTRUCTORS
FOR:LIFT STATION REMEDIATION&MITIGATION
REFERENCE CONTRACT NO. CPA-970,Contract No. 1 ENTERED INTO THE 1ST DAY OF
NNE 2021 BETWEEN THE CITY OF PORT ARTHUR
AND MK CONSTRUCTORS
OF VIDOR,TEXAS
FOR: LIFT STATION REMEDIATION &MITIGATION
KNOW ALL MEN BY THESE PRESENTS:
1. MK CONSTRUCTORS, does hereby guarantee all of the work done under the above referenced
contract to be free from faulty materials in every particular, and free from improper workmanship,
and against injury from proper and usual wear; and agrees to replace or re-execute without cost to
the Owner and Operator such work as may be found to be improper or imperfect, and to make good
all damage caused to other work or materials,due to such required replacement or re-execution.
2. This guarantee shall cover a period of one (1)year from the date of acceptance of all work under
this Contract,as evidenced by the Engineer's Certificate of Completion.
3. This Certificate is given in connection of the final payment under the contract between the Owner
and MK CONSTRUCTORS and with the knowledge that it will be relied upon in making such
payment and that such payment would not be made except upon the truth of the matter contained in
this affidavit.
I/2
1N WITNESS WHEREOF, the undersigned has signed and sealed this instrument this W day
of q,,,b.a.‘„, ,20 CS
[CORPORATE SEAL] MK CONSTRUCTORS
(Contractor)
BY: 03.4c.
Vic0.13c1 , being first duly sworn on oath,deposes and says, first that
he is the` .(RSL113A1l.Xl, �1
second,that he has read the foregoing certificate by him subscribed as �k'S S\[USN"
of S �� UX-. 0CU)
Affiant further states that the matters and things stated herein are true.
-111(keT4%-ji6j— 1gY‘i
(Affiant)
Subscribed and sworn to before me this \1.o day of \\ ,..y'1I1:
20 23
My commission expires kl
1 ?.`°o• CARRIE EVE VINCENT
(Date) /' Notary ID#128955139
0.A , My Commission Expires
cF c` April 13, 2024
2/2
(Notary Public(
3/2
EXHIBIT E
(Contractor's Affidavit)
Contractor's Affidavit
PROJECT: Lift Station Remediation & Mitigation
LOCATION: Port Arthur, Texas
OWNER: City of Port Arthur
State of Texas
County of Jefferson
The undersigned hereby certifies that,except as listed below,all previous progress payments received
on account of the Work have been applied on account to discharge Contractor's legitimate obligations
associated with prior Applications for Payment.
EXCEPTIONS:
SignaturekbLi"._--
{)lv•------
Print Me. 1 LC/Z --)-S fl
1 lQ
Date ,11 R3
Sworn to and subscribed before me,a ,�
Notary public, this \� day of i•el'' , C Q-
o)aMlill\CaU\Mt.
tary Public
My commission expires: 4U2 \234 1}a;Fob CARRIE EVE VINCENT
` Notary ID#128955139
, )H My Commission Expires
�lrf OR`'. April 13, 2024
e
EXHIBIT F
(Contractor's Certificate and Release)
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: MK CONSTRUCTORS
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(der)
REFERENCE CONTRACT NO. CPA-975 ,Contract No. 1 ENTERED INTO THE 1ST
DAY OF JUNE 2021 ,BETWEEN THE CITY OF PORT ARTHUR
AND MK CONSTRUCTORS
(Name of Contractor)
OF VIDOR 'IX
(City) (State)
FOR THE LIFT STATION REMEDIATION&MITIGATION
(Name of Project)
KNOW ALL MEN BY THESE PRESENTS:
1. The undersigned hereby certifies that there is due from,and payable by,the Owner to the Contractor
under the contract and duly approved Change Orders and modifications the balance of
($69,289.40)
2. The undersigned further certifies that in addition to the amount set forth in Paragraph I, there are
outstanding and unsettled the following items which he claims are just and due and owing by the
Owner to the Contractor:
(a)
(b)
(c)
(d)
(Itemize claims and amounts due) (If none,so state)
3. The undersigned further certifies that all work required under this contract, including work required
under Change Order(s)numbered 6 , has been performed in accordance
with the terms thereof,and that there are no unpaid claims for materials, supplies,or equipment and
no claims of laborers or mechanics for unpaid wages arising out of the performance of this contract,
1
and that the wage rates paid by the Contractor were in conformity with the contract provisions
relating to said wage rates.
4. Except for the amounts stated under Paragraphs 1 and 2 hereof, the undersigned has received from
the Owner all sums of money payable to the undersigned under, or pursuant to, the above
mentioned contract or any modifications or change thereof.
5. That in consideration of the payment of the amount stated in Paragraph 1 hereof, the undersigned
does hereby release the Owner and Operator from any and all claims arising under or by virtue of
this contract, except the amount listed in Paragraph 2 hereof due from the Owner; provided,
however, that if for any reason the Owner does not pay in full the amount stated in Paragraph I
hereof, said deduction shall not affect the validity of this release, but the amount so deducted shall
be automatically included under Paragraph 2 as an amount which the Contractor has not released
but will release upon payment thereof. The Contractor further certifies that upon the payment of the
amount listed in Paragraph 2 hereof, and of any amount which may be deducted from Paragraph 1
hereof, he will release the Owner and Operator from any and all claims of any nature whatsoever
arising out of said contract or modification thereof, and will execute such further releases or
assurances as the Owner and Operator may request.
IN WITNESS WHERE F,the undersignOgC.]signed and sealed this instrument this 110 day
of \ i ,
[SEAL] MK CONSTRUCTORS
(Contractor)
BY:
(Signature and Title of Officer)
, being first duly sworn on oath, deposes and says, first, that
\ Rc\ ffl
(Affiant)
nt` , enhe is the ` n of
(Tide) (Name of Company) aim I
second,that he has read the foregoing certificate by him subscribed as V .?t Wscro
(Title)
of S
(Name of Company)
Affiant further states that the matters and things stated herein are true.
-11kAcA,5..CL
(Affiant)
2
Subscribed and sworn to before me this WO day ofUlM.L-r0301) ,
20LS
My commission expires 4\\3Y2S4
(Date)
.
1 err op CARRIE EVE VINCENT (
?401011k Notary ID#128955139 I \COncca_.6)
1 Idgeb,� My Commission Expires I
' eorl April 13,2024 I
(Ormatort
)
3
EXHIBIT G
(City of Port Arthur Certificate of Acceptance)
CERTIFICATE OF ACCEPTANCE FOR
LIFT STATION REMEDIATION & MITIGATION FOR
THE CITY OF PORT ARTHUR
To: BDS Constructors, LLC dba MK Constructors of Vidor, Texas
This document is to certify that the City of Port Arthur, Texas accepts the completion of
the Lift Station Remediation & Mitigation Project, on the basis of the City of Port
Arthur, Texas Water Utilities Department, the Engineer's Certificate of Completion, the
Contractor's Certificate and Release, and Contractor's Certificate of Guarantee from
BDS Constructors, LLC dba MK Constructors of Vidor, Texas.
Ronald Burton
City Manager
ATTEST:
Sherri Bellard
City Secretary
EXHIBIT H
(Retainage- Invoice No. 18)
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