HomeMy WebLinkAboutPR 23666: EDC, CONTRACT WITH BDS CONSTRUCTORS LLC DBA MK CONSTRUCTORS, EMERGENCY REHABILITATION OF THE SPUR 93 BUSINESS PARK LIFT STATION .. poRrr*AwmuR
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INTEROFFICE MEMORANDUM
Date: March 11, 2024
To: Honorable Mayor and City Council
Through: Ron Burton, CPM I City Manager
From: Terry Stokes, PAEDC Chief Executive Officer
RE: PR 23666 I The ratification of the PAEDC awarding a bid and contract to BDS
Constructors LLC dba MK Constructors for the emergency rehabilitation of the
Spur 93 Business Park Lift Station
Introduction:
The intent of this Agenda Item is to seek the ratification of the City of Port Arthur's City Council
for PAEDC's award of a bid and contract to BDS Constructors LLC dba MK Constructors for the
emergency rehabilitation to the Business Park Lift Station.
Background:
Due to a public health and safety concern in the Spur 93 Business Park,the PAEDC has
requested proposals and will award a bid and contract the services of MK Constructors for the
emergency rehabilitation of the Business Park Lift Station. The emergency mobilization of this
rehabilitation is due to a public health and safety concern in the Business Park as the current
station cannot handle the current wastewater/sewage overflow that is demanded from the
Business Park's current users
Budgetary Impact:
The budgetary impact of this item is $399,624.00, funds available in EDC Account No. 120-80-
625-5479-00-00-000.
Recommendation:
It is recommended that the City of Port Arthur's City Council ratify PAEDC's award a bid and
contract to BDS Constructors LLC dba MK Constructors for the emergency rehabilitation to the
Business Park Lift Station.
Pr'
P.R. No. 23666
3/11/2024 KM
RESOLUTION NO.
A RESOLUTION AUTHORIZING RATIFICATION OF THE
PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION'S AWARD OF BID AND
EXECUTION OF A CONSTRUCTION CONTRACT
AGREEMENT WITH BDS CONSTRUCTORS LLC DBA
MK CONSTRUCTORS OF VIDOR, TEXAS FOR THE
EMERGENCY REHABILITATION OF THE SPUR 93
BUSINESS PARK LIFT STATION AT A COST NOT TO
EXCEED $399,624.00, FUNDING AVAILABLE IN EDC
ACCOUNT NO. 120-80-625-5479-00-00-000
WHEREAS, it is deemed in the best interest of the citizens of Port Arthur to maintain a
healthy and safe environment that promotes business and a quality work location for the Spur 93
Business Park(the "Business Park"); and
WHEREAS, per Resolution No. 23-435, the Port Arthur Section 4A Economic
Development Corporation (the "PAEDC") engaged Schaumburg & Polk, Inc. ("SPI") for the
engineering services related to anticipated necessary improvements to the Business Park Lift
Station for the increased demand for discharge; and
WHEREAS, SPI has completed the design phase of the Lift Station improvements; and
WHEREAS, it has been determined that the lift station cannot currently handle the
wastewater/sewage flow that is demanded from the Business Park's current users and its
overflow has caused an immediate public health and safety concern; and
WHEREAS, the PAEDC has deemed the need for the emergency rehabilitation of the
Business Park Lift Station for the purpose of public health, safety and welfare; and
WHEREAS, SPI requested three bids for the emergency rehabilitation of the Spur 93
Business Park Lift Station, bid tabulation attached as Exhibit"A"; and
WHEREAS, the PAEDC has awarded the bid and contract to BDS Constructors LLC
dba MK Constructors of Vidor, TX for the emergency rehabilitation of the Business Park Lift
Station; and
WHEREAS,the PAEDC Board of Directors at their March 14, 2024 Board Meeting, has
ratified the emergency award and execution of a Construction Contract Agreement with BDS
Constructors LLC dba MK Constructors in the same form as the Agreement attached hereto as
Exhibit "B".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council hereby ratifies the Port Arthur Section 4A Economic
Development Corporation award of a bid and execution of a Construction Contract Agreement
with BDS Constructors LLC dba MK Constructors .
Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ,ADOPTED AND APPROVED on this day of A.D., 2024,
at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
Mayor
Councilmembers
NOES:
Page 2
Pr
Thurman "Bill" Bartie,Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED:
Terry Stokes,PAEDC CEO
APPROVED AS TO FORM:
Charles E. Zech,PAEDC Attorney
APPROVED AS TO FORM:
J m . Black,Interimmity Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
ceer..27
Lynda Boswell, Finance Director
Page 3
Exhibit "A "
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F
PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION
MEMORANDUM
DATE: 3/7/2024
SUBJECT: EMERGENCY ENGAGEMENT OF MK CONSTRUCTORS
PAEDC BUSINESS PARK LIFT STATION REHABILITATION
The Port Arthur Economic Development Corporation would like to request the approval of
the Port Arthur Economic Development Corporation's Board of Directors and the Port
Arthur City Council's ratification of the PAEDC's acceptance of a bid and the engagement
of MK Constructors at their respective upcoming Regular Meetings.
Due to a public health and safety concern in the Spur 93 Business Park, the PAEDC has
requested proposals and will award a bid and contract the services of MK Constructors for
the emergency rehabilitation of the Business Park Lift Station. The emergency mobilization
of this rehabilitation is due to a public health and safety concern in the Business Park as the
current station cannot handle the current wastewater/ sewage overflow that is demanded
from the Business Park's current users.
Please acknowledge approval to move forward with the PAEDC's immediate engagement of
MK Constructor regarding the rehabilitation of the PAEDC's Business Park Lift Station in
the amount of$399,624.00.
Thank you.
Approved: /PAED Chief Executive Officer
r
a4P
Approved: Myt
Port Wilfirity anager
Attachments
301 Procter Street. Ste. 100 Port Arthur,TX 77640
Tel:409-963-0579—Fax: 409-962-1115
Exhibit " B "
CONSTRUCTION CONTRACT
AGREEMENT
THIS AGREEMENT, made this day of , A.D. 2024, by and between the
Port Arthur Economic Development Corporation (PAEDC), a municipal corporation organized under the
laws of the State of Texas, hereinafter called "OWNER" or "CITY" and BDS Constructors LLC dba MK
Constructors, hereinafter called "CONTRACTOR".
WITNESSETH: That for and in consideration of the payments, terms, conditions, and
agreements set forth herein, OWNER and CONTRACTOR agree as follows:
1. The CONTRACTOR will commence and complete the Business Park Lift Station Rehabilitation.
2. The CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment,
labor and other services necessary for the construction and completion of the Project described
herein.
3. The CONTRACTOR will commence the work required by the Contract Documents on or before a
date to be specified in the Notice to Proceed and will complete the same within 90 consecutive
calendar days as specified in the Notice to Proceed, including, but not limited to, all Saturdays,
Sundays and Federal, State, and City holidays unless the period for completion is extended
otherwise by the Contract Documents.
4. The CONTRACTOR agrees to perform all of the Work described in the Contract Documents and
comply with the terms therein for the sum of$399,624.00, or as shown in the Bid Schedule.
5. The term "CONTRACT DOCUMENTS" means and includes the following:
(A) SCOPE OF WORK
(B) BID PROPOSAL
(C) CONSTRUCTION CONTRACT AGREEMENT
(D) PAYMENT BOND
(E) PERFORMANCE BOND
(F) CERTIFICATE OF INSURANCE
(G) GENERAL CONDITIONS
(H) SUPPLEMENTAL GENERAL CONDITIONS—Part A
(I) SUPPLEMENTAL GENERAL CONDITIONS—Part B
(J) SCOPE OF WORK
(K) SPECIFICATIONS
6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the
General Conditions such amounts as required by the Contract Documents.
7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors, and assigns.
A-1
IN WITNESS WHEREOF, the Parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the
date first above written.
OWNER:
Port Arthur Economic Development Corporation
BY:
NAME:
TITLE:
CONTRACTOR:
BDS Constructors LLC dba MK Constructors
BY:
NAME:
TITLE:
ADDRESS:
[CORPORATE SEAL]
ATTEST:
NAME:
A-2