HomeMy WebLinkAboutPR 24335: CHANGE ORDER NO. 2 WOODWORTH STREETSCAPE IMPROVEMENTS PROJECT �..',,•}:is j
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INTEROFFICE MEMORANDUM
Date: June 5, 2025
To: The Honorable Mayor and City Council
Through: Ron Burton, CPM City Manager
From: Pamela D. Langford, Assistant City Manager-Operations/Director of Development
Services
RE: P.R. No. 24335: Request for Approval of Change Order No. 2—Woodworth Streetscape
Improvements Project (Project No. ST4014) — BDS Constructors, LLC (d.b.a. MK
Constructors); Project ST4014.
Introduction:
The purpose of this memorandum is to request City Council approval of Change Order No. 2 to the
construction agreement with BDS Constructors, LLC (d.b.a. MK Constructors) of Vidor,Texas, for the
Woodworth Streetscape Improvements Project. This change order includes:
• Addition of 286 linear feet of 3"conduit at the Thomas Boulevard intersection for traffic signal
infrastructure.
• Deduction of various construction materials (concrete, sand, ramps, wheel stops, and sod) to
remove designated parking spaces near a private residence and accommodate an adjacent street
sign project.
• Addition of thirty-three (33) calendar days to the contract duration.
The net result is a contract decrease of$420.35, adjusting the contract amount from $13,459,327.92
to $13,458,907.57; Project No. ST4014.
Background:
Woodworth Boulevard serves as a prominent entryway into Downtown Port Arthur from Memorial
Boulevard and was identified as a corridor in need of reconstruction and other improvements. The City
Council has taken several actions over the years to authorize planning, design, and construction of this
major infrastructure investment.
"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
C:\Users\planning_sec\Desktop\City Council Agenda Items 2025\06-17-2025 Council Agenda Items\P.R.NO.24335(Memo)Change.Order.No.2.Woodworth.5treetscape.docx
• December 20, 2021 — Resolution No. 21-542: Council allocated $3,000,000 for the design,
engineering, and initial construction of improvements to Woodworth Boulevard from Lakeshore
Drive to SH 87 (Gulfway Drive).
• June 21, 2022 — Resolution No. 22-284: Council authorized an agreement with Arceneaux,
Wilson & Cole, LLC (AWC) for professional engineering services for the amount of
$383,410.00.
• After preliminary designs, it was determined that the original $3 million would only cover
reconstruction up to 7th Street. Staff identified $14,945,286.00 available from five years of
Street Sales Tax allocations, and $4,200,000.00 was assigned to expand project scope.
• May 9, 2023 —Resolution No. 23-149: Council amended the previous allocation and increased
the project budget to $7,200,000.00.
• September 20 & 27, 2023: The Purchasing Department advertised the project for competitive
bidding under Bid No. P23-073.
• November 8,2023:The City received two bids. MK Constructors of Vidor,TX,was identified
as the lowest responsible bidder at$13,426,347.92.
• January 23, 2024 — Resolution No. 24-016: Council approved an additional $7,000,000.00 to
the project budget, increasing the total to $14,200,000.00.
• February 13, 2024 —Resolution No. 24-050: Council awarded the construction contract to MK
Constructors in the amount of$13,426,347.92.
• April 9, 2024 — Resolution No. 24-171: Council approved an amendment to AWC's contract,
increasing their amount by $448,493.00 for construction management services, revising their
total to $831,903.00.
• May 14, 2025 —Resolution No. 25-110: Council approved Change Order No. 1 for additional
work related to waterline excavation and backfill in the amount of$32,980.00, increasing the
construction contract to $13,459,327.92. This change order also added 54 calendar days to the
contract, moving the completion date to February 16, 2026.
COUNCIL ACTION SUMMARY:
Date Resolution No. Action Amount
Dec 20, 2021 21-542 Initial project funding $ 3,000,000.00
Jun 21, 2022 22-284 AWC design contract $ 383,410.00
May 9, 2023 23-149 Additional allocation +$ 4,200,000.00
"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
Date Resolution No. Action Amount
Jan 23, 2024 24-016 Additional allocation +$ 7,000,000.00
Feb 13, 2024 24-050 Construction contract w/MK $ 13,426,347.92
Constructors
Apr 9, 2024 24-171 AWC contract amendment +$ 448,493.00(new
total $831,903.00)
May 14, 2025 25-110 Change Order No. 1 +$ 32,980.00
TBD TBD Change Order No. 2 —$ 420.35
Total Budgeted for Project: $14,200,000.00
Total Construction Contract(after Change Order No. 2): $13,458,907.57
Total AWC Professional Services Contract: $831,903.00
Current Request—Change Order No.2:
Scope of Change Order No. 2:
• Addition: 286 LF of 3" conduit for traffic signal infrastructure at the Thomas Boulevard
intersection.
• Deduction: Concrete, sand, wheelchair ramps, wheel stops, and sod originally planned for
installation near a residence will be eliminated to preserve space and accommodate a street
sign project.
• Time Extension: An additional thirty-three(33) calendar days are requested, for the following
reasons:
O 5 days: Required for installation of the 3" conduit.
O 28 days: Lost to inclement weather:
• February 11, 18-20, 24(5 days)
• March 4, 24, 31 (3 days)
• April 23 (1 day)
• May 2, 6-7, May 21-23, and May 27-31 (16 days)
Revised Substantial Completion Date:
• From: February 16, 2026
• To: March 21, 2026
"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
Budget Impact:
This change order will have a deductive amount of$420.35 on the Street Capital Fund Account: 307-
21-053-8517-00-10-000, bringing the new total contract amount to $13,458,907.57. Project No.
ST4014.
Recommendation:
It is recommended that the City of Port Arthur's City Council approve PR No. 24335 approving Change
Order No. 2 to the contract with BDS Constructors,LLC(d.b.a. MK Constructors)for the net deduction
of$420.35 and the addition of 33 calendar days, adjusting the total contract to $13,458,907.57 and
revising the project's substantial completion date to March 21, 2026.
"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. 24335
6/5/2025 mje
Page 1 of 5
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
CHANGE ORDER NO. 2 TO THE CONTRACT WITH BDS CONSTRUCTORS,
LLC, DBA MK CONSTRUCTORS, LLC, OF VIDOR, TEXAS, FOR THE
WOODWORTH BOULEVARD STREETSCAPE IMPROVEMENTS PROJECT
FROM LAKESHORE DRIVE TO STATE HIGHWAY 87 (GULFWAY DRIVE)
TO ADD 286LF OF CONDUIT AT THE THOMAS BOULEVARD
INTERSECTION, DEDUCT CONCRETE, SAND, RAMPS, WHEEL STOPS,
SOD, AND ADD THIRTY-THREE (33) CALENDAR DAYS FOR THE NET
DEDUCTION OF $420.35 BRINGING THE TOTAL CONTRACT AMOUNT
TO $13,458,907.57. FUNDS IN THE STREET CAPITAL FUND ACCOUNT
307-21-053-8517-00-10-000 ARE IMPACTED. PROJECT NO. ST4014.
WHEREAS, the Port Arthur City Council believes that the improvement of infrastructure
along Woodworth Boulevard between Lakeshore Drive and State Highway 87 (Gulfway Drive)
will increase the opportunity for investment and expand economic development in the City of
Port Arthur; and,
WHEREAS, pursuant to Resolution No. 21-542, City Council authorized the allocation of
$3,000,000.00 for the engineering, design, and construction of improvements to Woodworth
Boulevard from Lakeshore Drive to State Highway 87 (Gulfway Drive); and,
WHEREAS, pursuant to Resolution 22-284, the City Manager was authorized to enter
into an agreement with Arceneaux, Wilson & Cole, LLC (AWC) of Port Arthur, Texas, to provide
professional engineering services associated with the reconstruction of Woodworth Boulevard
from Lakeshore Drive to Gulfway Drive (Highway 87) for $383,410.00; and,
WHEREAS, subsequently, AWC provided construction budgets and renderings of the
Woodworth Boulevard Project, and it was determined that the original $3,000,000.00 allocated
PR No. 24335
6/5/2025 mje
Page 2 of 5
under Resolution 21- 542 would only be sufficient to repair and rehabilitate the project
successfully from Lakeshore Drive to 7th Street; and,
WHEREAS, city staff identified $14,945,286.00 in Total Unallocated Funds from years
1-5 of the Street Program; and,
WHEREAS, pursuant to Resolution No. 23-149, City Council approved amending
Resolution No. 21-542 to reflect the addition of $4,200,000.00 to the Woodworth Project from
the Total Unallocated Funds creating at total improvements budget of $7,200,000.00; and,
WHEREAS, the City of Port Arthur publicized its Invitation to Bid for the Woodworth
Boulevard Streetscape Improvements Project for interested parties on September 20, 2023
and September 27, 2023, under Bid Number P23-073; and,
WHEREAS, a total of two bids were received and opened on November 8, 2023, and
the Purchasing Department, Public Works staff, and AWC determined that BDS Constructors,
LLC, dba MK Constructors, LLC, of Vidor, Texas, was the lowest responsible bidder with a bid
amount of $13,426,347.92 and a completion time of 591 calendar days; and,
WHEREAS, the current funding was insufficient to cover the total cost of the project,
resulting in a deficit of $6,700,000.00; therefore, the City of Port Arthur's City Council
approved Resolution No. 24-016, amending Resolution No. 23-149, to increase the project's
allocation by $7,000,000.00, establishing a revised budget of $14,200,000.00; and,
WHEREAS, pursuant to Resolution 24-050, the City entered into an agreement with
BDS Constructors, LLC, dba MK Constructors, LLC, of Vidor, Texas for the Woodworth
Boulevard Streetscape Improvements Project for $13,426,347.92; and,
PR No. 24335
6/5/2025 mje
Page 3 of 5
WHEREAS, pursuant to Resolution 24-171, City Council authorized the City Manager to
amend the professional services agreement with Arceneaux, Wilson, & Cole, LLC (AWC) of Port
Arthur, Texas, increasing the original contract amount by $448,493.00 to a new total contract
amount not to exceed $831,903.00 for construction management services associated with the
project; and,
WHEREAS, pursuant to Resolution No. 25-110, City Council approved Change Order
No. 1 that was submitted by MK Constructors to excavate and backfill waterlines in the
southbound inside lane for the amount of $32,980.00, changing the original contract amount
of $13,426,347.92 to the new contract amount of $13,459,327.92; and,
WHEREAS, Change Order No. 1 also requested the addition of fifty-four (54) calendar
days due to weather delays and material availabilities, changing the original contract
completion date of December 24, 2025 to the new contract completion date of February 16,
2026; and,
WHEREAS, Change Order No. 2 is being submitted by MK Constructors for the addition
of 286LF of 3" conduit at the Thomas Boulevard intersection for traffic control signals, the
deduction of concrete, sand, ramps, wheel stops, and sod to eliminate parking spaces at a
residence and to accommodate a street sign project for the net deduction of $420.35,
changing the previous contract amount of $13,459,327.92 to the new contract amount of
$13,458,907.57, see Exhibit A; and,
WHEREAS, Change Order No. 2 also requests the addition of thirty-three (33) calendar
days amending the original contract completion date of February 16, 2026 to the new contract
completion date of March 21, 2026; and,
PR No. 24335
6/5/2025 mje
Page 4 of 5
WHEREAS, approval of PR No. 24335 for Change Order No. 2 is herein deemed an
appropriate action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR, TEXAS:
THAT, the facts and recitals in the preamble are true and correct; and,
THAT, the City Council herein approves Change Order No. 2 and authorizes the City
Manager to execute said Change Order to the contract with BDS Constructors, LLC, dba MK
Constructors, LLC, of Vidor, Texas, for the addition of 286LF of 3" conduit at the Thomas
Boulevard intersection for traffic control signals, the deduction of concrete, sand, ramps, wheel
stops, and sod for the net deduction of $420.35, changing the previous contract amount of
$13,459,327.92 to the new contract amount of $13,458,907.57, see Exhibit A; and,
THAT, Change Order No. 2 adds thirty-three (33) calendar days for the additional work
mentioned, amending the previous contract completion date of February 16, 2026 to the new
contract completion date of March 21, 2026; and,
THAT, the City Manager is authorized to execute Change Order No. 2 with BDS
Constructors, LLC, dba MK Constructors, LLC, of Vidor, Texas, in substantially the same form,
attached hereto as Exhibit B; and,
THAT, a copy of the Resolution shall be spread upon the Minutes of the City Council.
READ, ADOPTED, AND APPROVED this the day of , A.D.
2025 at a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
PR No. 24335
6/5/2025 mje
Page 5 of 5
Noes:
Thurman Bill Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
Roxann Pais Cotroneo, Esquire Ron Bu , CPM
City Attorney City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
f . PrAq /31OOt"-et R
Lyn a "Lyn" Boswell, MA, ICMA-CM
Director of Finance
Ut I i 1 0 .9
Clifton Williams, CPPB
Purchasing Manager
EXHIBIT A
IMAM
ARCENEAUX WILSON&COLE
engineering I surveying I planning
CHANGE ORDER NO. 2
DATE: June 5, 2025 JOB NO. CPA-1100
NAME OF PROJECT: WOODWORTH BLVD STREETSCAPE IMPROVEMENTS
OWNER: CITY of PORT ARTHUR
CONTRACTOR: BDS CONSTRUCTORS, LLC. dba MK CONSTRUCTORS,LLC.
The following changes are hereby made to the CONTRACT DOCUMENTS:
1. Add the following Items to the Contract and Scope of Work:
a. Extend contract time by 33 calendar days
February 2025—May 2025 Weather
Includes 5 calendar days for work at Thomas Blvd intersection
2. Adjust Quantity in the following Bid Items:
a.Adjust the following Bid Items:
i. Bid Item No. C12A Lime Subgrade Stabilization $ (5,412.00)
-13.2 TONS x$410.00/TON
ii. Bid Item No. C13A Lime Treatment Subgrade (8") $ (4,109.40)
-456.6 SY x$9.00/SY
iii. Bid Item No. C16A Concrete Pavement(8") $ (24,150.00)
-230 SY x$105.00/SY
iv. Bid Item No. C18 Concrete Bike/Walk (4"w/Sand Cushion) $ 8,742.00
+94 SY x$93.00/SY
v. Bid Item No. C21 Brick Paver Section in Concrete Pavement $ (9,168.82)
-40.57 SY x$226.00/SY
A`= CHANGE ORDER NO. 2
A M muc June 5, 2025
Job No. CPA-1100
1.. ARCENEAUX WILSON&COLE
engineering I surveying I pIonning
vi. Bid Item No. C27 ADA Accessible Ramps $ (2,736.00)
-2 EA x$1,368.00/EA
vii. Bid Item No. C28 Concrete Wheel Stops $ (3,770.00)
-13 EA x$290.00/EA
viii. Bid Item No. C69 Upright Concrete Curb (6") $ 194.37
+31 LF x$6.27/LF
ix. Bid Item No. L9 St. Augustine Sod $ 1,254.50
+193.00 SY x$6.50/SY
b.Add the following Bid Items:
i. Bid Item No. CO2-1 3" Conduit at Thomas Blvd $ 11,235.00
1 LS x$11,235.00/LS
ii. Bid Item No. CO2-2 Cement Stabilized Sand $ 27,500.00
1 LS x$33,500.00/LS
SUBTOTAL $ (420.35)
2 of 3
41K= enApcCHANGE ORDER NO. 2
go) June 5, 2025
1 Job No. CPA-1100
NM ARCENEAUX WILSON&COLE
engineering I surveying I Fbnning
CHANGE TO CONTRACT PRICE:
ORIGINAL CONTRACT PRICE: $13,426,347.92
CURRENT CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $13,459,327.92
The CONTRACT PRICE due to this CHANGE ORDER will be [increased] [decreased]
by: $420.35 Dollars
The new CONTRACT PRICE, including this CHANGE ORDER,will be $ 13,458,907.57
CHANGE TO CONTRACT TIME:
ORIGINAL CONTRACT TIME: 591 Calendar Days
CURRENT CONTRACT TIME adjusted by previous CHANGE ORDER: 645 Calendar Days
CURRENT DATE OF COMPLETION: February 16, 2026
CONTRACT TIME due to this CHANGE ORDER will be increased by 33 Days
The New DATE OF COMPLETION: March 21, 2026
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:
ARCENEAUX WILSON & COLE LLC [CONTRACTOR,OFFICER OR OWNER]
BDS CONSTRUCTORS, LLC dba MK
CONSTRUCTORS, LLC
ACCEPTED BY:
CITY of PORT ARTHUR
3 of 3
EXHIBIT B
CITY OF PORT ARTHUR
Public Works Engineering
DATE: JUNE 5,2025
PROJECT: WOODWORTH BLVD STREETSCAPES IMPROVEMENT PROJECT
OWNER: CITY OF PORT ARTHUR
CONTRACTOR: MK CONSTRUCTORS
CHANGE ORDER NO.: 2
THE FOLLOWING CHANGES IN THE PLANS.-AND/OR SPECIFICATIONS ARE HEREBY MADE:
Adjust the Estimated Quantities to reflect the Actual Quantities used in the completion of the project:
Item Original
No. Description Unit Quantity Unit Price Original Amount Additional Quantity New Amount
SCOPE
ADDITION OF 286 LF OF 3"CONDUIT AT THE THOMAS BOULEVARD
1 LS $ 11,235.00 1 $ 11,235.00
INTERSECTION FOR TRAFFIC CONTROL SIGNALS
2 CEMENT STABILIED SAND LS $ 33,500.00 1 $ 27,500.00
C12A LIME FOR SUBGRADE STABILIZATION TON 1,170 $ 410.00 $ 479,700.00 -13.2 $ (5,412.00)
C13A LIME TREATMENT SUBGRADE(8") SY 40,394 $ 9.00 $ 363,546.00 -456.6 $ (4,109.40)
C16A CONCRETE PAVEMENT(8") SY 38,166 $ 105.00 $ 4,007,430.00 -230 $ (24,150.00)
C18 CONCRETE BIKE/WALK(4")(WITH 2"SAND CUSHION) SY 9,174 $ 93.00 $ 853,182.00 94 $ 8,742.00
C21 BRICK PAVER SECTION IN CONCRETE PAVEMENT(WITH 2"SAND SY 2,177 $ 226.00 $ 492,002.00 -40.57 $ (9,168.82)
CUSHION)
C27 ADA ACCESSIBLE RAMPS EA 112 $ 1,368.00 $ 153,216.00 -2 $ (2,736.00)
C28 CONCRETE WHEEL STOPS EA 32 $ 290.00 $ 9,280.00 -13 $ (3,770.00)
C69 UPRIGHT CONCRETE CURB LF 18,635 $ 6.27 $ 116,841.45 31 $ 194.37
L9 ST.AUGUSTINE SOD SY 10,145 $ 6.50 $ 65,942.50 193 $ 1,254.50
ADDITION OF 33 CALENDAR DAYS
28 DAYS FOR WEATHER;S DAYS FOR THOMAS BLVD
TOTAL CHANGE ORDER NO.2 $ (420.35)
NEW CONTRACT
PREVIOUS CONTRACT AMOUNT $ 13,459,327.92 AMOUNT $ 13,458,907.57
ORIGINAL CONTRACT AMOUNT: $ 13,426,347.92
TOTAL AMOUNT OF CHANGE ORDER NO.1: $ 32,980.00
TOTAL AMOUNT OF CHANGE ORDER NO.2: $ (420.35)
TOTAL PERCENT CHANGE ORDER No.1&2: 2.42%
NEW CONTRACT AMOUNT: $ 13,458,907.57
THIRTY-THREE(33)CALENDAR DAYS HAVE BEEN ADDED TO CHANGE ORDER NO.2
NOTICE TO PROCEED DATE: May 13,2024
PREVIOUS NUMBER OF CALENDAR DAYS: 645
t CONTRACT COMPLETION DATE: February 16,2026
NUMBER OF CALENDAR DAYS REQUESTED: 33
UPDATED NUMBER OF CALENDAR DAYS: 678
NEW CONTRACT C LETION DATE: March 21,2026
PAREPARED BY: APPROVED BY:
M.lenn" ar B •CIP Manager 6. Lit
John Cannatella,PE,City Engineer
APPROVED BY: APPROVED BY:Derek Graffagnino,E r Project Manager,AWCGG,,,c-
Clifton Williams, Purchasing Manager
APPROVED BY:
APPROVED BY:
Michael Kelley,Project Manager,MK Constructors
Ron Burton,City Manager
APPROVED BY: -- � , — ,13.- 4/45.
IIII �; r.H ni Tohme,PE,Contractor
C:\Users\Derek.Graffagnino\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\CX8Q10PC\Woodworth CO 2 MK