HomeMy WebLinkAboutPR 23985: CHANGE ORDER NO. 1 AGREEMENT WITH EDC AND BDS CONSTRUCTORS LLC DBA MK CONSTRUCTORS, SPUR 93 BUSINESS PARK LIFT STATION 11111 P�ORT*AR.7 ORT*ARTHU R
INTEROFFICE MEMORANDUM
Date: October 18, 2024
To: Honorable Mayor and City Council
Through: Ron Burton, CPM I City Manager
From: Terry Stokes, PAEDC Chief Executive Officer
RE: PR 23985 I Approving Change Order No. 1 to the Construction Contract
Agreement between the Port Arthur Section 4A Economic Development
Corporation and BDS Constructors LLC DBA MK Constructors of Vidor, Texas
for the Emergency Rehabilitation of the Spur 93 Business Park Lift Station and
authorizing final payment and release of retainage;
The intent of this Agenda Item is to seek the City of Port Arthur City Council's approval of Change
Order No. 1 to the Construction Contract Agreement between the Port Arthur Section 4A
Economic Development Corporation and BDS Constructors LLC DBA MK Constructors of Vidor,
Texas for the Emergency Rehabilitation of the Spur 93 Business Park Lift Station and authorizing
final payment and release of retainage
Background:
On March 26,2024,Resolution No. 24-145 was approved awarding the contract for the emergency
rehabilitation of the Spur 93 Business Park Lift Station at a cost not to exceed $399,624.00. MK
Constructors has submitted Change Oder No. 1 decreasing the contract amount by$66,500.00 to
adjust final construction quantities. Also submitted was a request for final payment and release of
retainage as project is now complete.
Budgetary Impact:
Final payment and release of retainage I $16,656.20 funding available in EDC Account No. 120-
00-000-2050-00-00-000 (Retainage).
Recommendation:
It is recommended that the City of Port Arthur City Council approve Change Order No. 1 to the
Construction Contract Agreement between the Port Arthur Section 4A Economic Development
Corporation and BDS Constructors LLC DBA MK Constructors of Vidor, Texas for the
Emergency Rehabilitation of the Spur 93 Business Park Lift Station and authorizing final payment
and release of retainage.
P.R. No. 23985
10/18/2024 KVM
RESOLUTION NO.
A RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE
CONSTRUCTION CONTRACT AGREEMENT BETWEEN THE PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION
AND BDS CONSTRUCTORS LLC DBA MK CONSTRUCTORS OF
VIDOR, TEXAS FOR THE EMERGENCY REHABILITATION OF THE
SPUR 93 BUSINESS PARK LIFT STATION 1 DECREASING THE
CONTRACT AMOUNT BY $66,500.00 TO A NEW CONTRACT TOTAL
OF $333,124.00 AND AUTHORIZING FINAL PAYMENT AND RELEASE
OF RETAINAGE IN THE AMOUNT OF $16,656.20; FUNDING
AVAILABLE IN EDC ACCOUNT NO. 120-00-000-2050-00-00-000
(RETAINAGE)
WHEREAS, on March 26, 2024, Resolution No. 24-145 was approved by the City
Council of the City of Port Arthur (the "City Council"), awarding the contract for the emergency
rehabilitation of the Port Arthur Section 4A Economic Development Corporation (the
"PAEDC") Business Park Lift Station, to BDS Constructors LLC dba MK Constructors of
Vidor, TX("MK Constructors") at a cost not to exceed $399,624.00; and
WHEREAS, MK Constructors has submitted Change Order No. 1 (attached as Exhibit
"A") decreasing the contract amount by$66,500.00 to adjust final construction quantities; and
WHEREAS, the PAEDC has also received for the Lift Station Rehabilitation Project, a
request from MK Constructors for final payment and release of retainage as the project is now
complete (attached as Exhibit"B"); and
WHEREAS, at their special board meeting of October 14, 2024, the PAEDC Board of
Directors approved Change Order No. 1 and the release of retainage and final payment to MK
Constructors in the amount of$16,656.20.
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 of the City of Port Arthur authorizes the Port Arthur
Section 4A Economic Development Corporation to execute Change Order No. 1 decreasing the
contract amount by$66,500.00; and
Section 3. That, Change Order No. 1 decreases the contract amount to a new total of
$333.124.00; and
Section 4. That, final payment shall be made to BDS Constructors LLC dba MK
Constructors in the amount of$16,656.20.
Section 5. That a copy of the caption of the 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:
Thurman Bartie,Mayor
Page 2
ATTEST:
Sherri Bellard, City Secretary
APPROVED:
Terry Stokes,PAEDC CEO
APPROVED AS TO FORM:
Y -= 7/-I.
Charles E. Zech,PAEDC Attorney
APPROVED AS TO FORM:
Roxann Pais Cotroneo, City Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
)e-79jJC'tde, /2 61
Lynda Boswell,Finance Director
Page 3
Exhibit "A"
APPROVAL OF CONTRACT CHANGE
CHANGE ORDER No.One(1)&Final
DATE: May 22,2024
PROJECT: Port Arthur Economic Development Corporation
Business Park Lift Station Rehabilitation
OWNER: Port Arthur Economic Development Corperation
501 Procter St.,STE 100
Port Arthur,Texas 77640
CONTRACTOR: BDS Constructors dba MK Constructors
P.O.Box1208
Vldor,Texas 77670
TO THE OWNER Approval of the following contract change is requested.
Reason for Change: To adjust final construction quantities.
ORIGINAL CONTRACT AMOUNT: $ 399,624.00
THIS CHANGE ORDER
5 Material Testing Allowance-DELETE$7,500.00/LS $ (7,500.00)
6 Electrical Service Allowance-DELETE$35,000.00/LS $ (35,000.00)
7 Bypass Pumping-DELETE 1 MONTH @$24,000.00/MONTH $ (24,000.00)
TOTAL AMOUNT OF THIS CHANGE ORDER: $ (66,500.00)
TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 333,124.00
CONTRACT TIME
Original Contract Time: 90 calendar days
Requested change in Contract Time 0 calendar days
Revised Contract Time per this Change Order 90 calendar days
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments In contract price and contract time stipulated In this Change Order
represents full compensation for all Increases and decreases in the cost of, and the time required to perform the entire work
under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this
waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually
agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is
Recommended by: Approved by: Accepted b :
chau ur Pik,Inc. Port Arthur EDC MK Constructors
hglneer �7 Owner Contractor
Date: 5'G8.24 Date: Date: S\ `ay
Page 1 of 1
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CS
ALL BILLS PAID AND RELEASE OF LIENS AFFIDAVIT
The undersigned ("Contractor") BDS Constructors LLC,dba MI(Constructors, having furnished
materials and/or performed labor personally or through a subcontractor("Sub Contractor") in
connection with the construction, alteration, repair or improvement(the "Project")of the property
located at("Property") PAEDC Business Park Lift Station for and in consideration of the payment to the
Contractor of the sum hereinafter specified does hereby acknowledge and release as follows:
Upon the receipt of$16,656.2 being payment for retainage dated 5/23/24 for materials and/or labor
performed by the Contractor or Sub Contractor for the Project(the "Work") PAEDC Business Park Lift
Station; Contractor will waive and release any and all liens, rights and interests(including,without
limitation, all mechanic's and materialmen's liens)which are or may be owed,claimed or held by
Contractor or Sub Contractor in and to the Property and the improvements constructed thereon by
reason of the Work or otherwise, and Contractor does hereby RELEASE AND FOREVER DISCHARGE any
and all claims, debts,demands or causes of action the Contractor has or may have as a result of the
same including,without limitation, any liens of Contract for the Work now or hereafter filed for record
in Jefferson County,Texas, and any claims, debts,demands or causes of action against PAEDC or the
owners of the Property.
Contractor represents,warrants,and certifies that all bills owed by the Contractor for materials furnished
and labor performed by Sub Contractors in connection with the Work have been or will be fully paid and
satisfied. If for any reason a lien or liens are filed for materials or labor against the Property by virtue of
the Contractor's participation in the Project by any person claiming by,through,or under the Contractor,
then Contractor will immediately pay such lien or liens and obtain and furnish to and the owners of the
Property a release thereof. Contractor shall indemnify PAEDC and such owners and their respective heirs,
successors and assigns from any such bill or liens and from all costs and expenses, including attorney's
fees, incurred in discharging any such bills or removing such liens.
Contractor further agrees to execute and deliver such additional documents,certifications and lien
releases as may be necessary to confirm and effect the release and satisfaction of liens as set forth herein.
Failure to adhere to the proceeding agreement may result in the reduction of future reimbursements
equal to the amount of any outstanding liens including costs,filing fees, releases,etc.
Executed 5/23/24 Contractor
Name: BDS Constructors LLC dba
MI(Constructors.
By: Mike Brown
Title: Vice Pres' ent
WiiNllllb��/ ess
Vyve-
'1.aijb iss3'i•e ►itlAn to before me under my offi[ al seal of office this 23 day of
i
. if) p -LEL Vi,.(11 I
•
, �� 12895�,��';� �` Notary Public
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