HomeMy WebLinkAboutPR 24781: CHANGE ORDER NO. 3, WOODWORTH STREETSCAPE IMPROVEMENTS PROJECT \ i
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INTEROFFICE MEMORANDUM
Date: January 30, 2026
To: The Honorable Mayor and City Council
Through: Ron Burton, CPM City Manager
From: Suhail Kanwar, P.E., M.S., CFM, Director of Public Services/City Engineer
RE: P.R. No. 24781: Request for Approval of Change Order No. 3 —Woodworth Streetscape
Improvements Project (Project No. ST4014) — BDS Constructors, LLC (d.b.a. MK
Constructors); Street Capital Fund Account No. 307-21-053-8517-00-10-000.
Introduction:
The purpose of this memorandum is to request The City Council's approval of Change Order No. 3 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:
• Field Authorization Approved 8/22/2025 for electrical item adjustment due to Entergy
revisions between Proctor Street to Lakeshore Drive.
• Addition and deduction of various construction materials (concrete, sand, storm pipe, water
line, and curb/gutter) to remove sidewalks, driveways and curb/gutter sections.
• Addition of one hundred-one (101) calendar days to the contract duration.
• June 2025 —November 2025 (45 Weather days)
Revised Substantial Completion Date:
• From: March 21, 2026
• To: June 30, 2026
The net result is a contract increase of$19,577.44, adjusting the contract amount from$13,458,907.57
to $13,478,485.01; Project No. ST4014.
"Remember,we are here to serve the Citizens of Port Arthur"
444 41h Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
S:\Engineering\PUBLIC WORKS\PW-ENGINEERING\C.I.P.PROJECTS\Year 2024\WOODWORTH BLVD PROJECT\Change Orders\Change Order 3\P.R.NO.24781 Memo CO 3.docx
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.
• 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.
• June 17,2025—Resolution No. 25-253: Council approved Change Order No. 2 for an addition
of 286 linear feet of 3" conduit at the Thomas Boulevard intersection for traffic signal
infrastructure and deduction of various construction materials (concrete, sand, ramps, wheel
"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
stops, and sod) to remove designated parking spaces near a private residence and accommodate
an adjacent street sign project; decreasing the contract amount by $420.35, to a new contract
amount of $13,458,907.51. This change order also added 33 calendar days to the contract,
moving the completion date to March 21, 2026.
Current Request—Change Order No. 3:
Scope of Change Order No. 3:
• Field Authorization Approved 8/22/2025 for electrical item adjustment due to Entergy
revisions between Proctor Street to Lakeshore Drive.
• Addition and deduction of various construction materials (concrete, sand, storm pipe, water
line, and curb/gutter) to remove sidewalks, driveways and curb/gutter sections.
• Time Extension: An additional one hundred-one (101) calendar days are requested, for the
following reasons:
• June 2025 —November 2025 (45 Weather days)
• Additional work described herein (56 days)
Revised Substantial Completion Date:
• From: March 21, 2026
• To: June 30, 2026
Budget Impact:
This change order will have an increased amount of$19,577.44 on the Street Capital Fund Account:
307-21-053-8517-00-10-000, bringing the new total contract amount to $13,478,485.01. Project No.
ST4014.
Recommendation:
It is recommended that the City of Port Arthur's City Council approve PR No. 24781 approving Change
Order No. 3 to the contract with BDS Constructors, LLC (d.b.a. MK Constructors) for the net increase
of$19,577.44 and the addition of 101 calendar days, adjusting the total contract to $13,478,485.01 and
revising the project's substantial completion date to June 30, 2026.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O. Box 1089 X Port Arthur,Texas 7764 1-1 089 X 409.983.8101 X FAX 409.982.6743
PR No. 24781
01/30/2026 RLD
Page 1 of 6
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
CHANGE ORDER NO. 3 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)
FOR THE ELECTRICAL ITEM ADJUSTMENT DUE TO ENTERGY PLAN
REVISIONS, ADDITION AND DEDUCTION OF VARIOUS CONSTRUCTION
MATERIALS, AND ADD ONE HUNDRED-ONE (101) CALENDAR DAYS FOR
THE INCREASED AMOUNT OF $19,577.44; FOR A NEW CONTRACT
AMOUNT OF $13,478,485.01. FUNDING AVAILABLE IN THE STREET
CAPITAL FUND ACCOUNT 307-21-053-8517-00-10-000. 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. 24781
01/30/2026 RLD
Page 2 of 6
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. 24781
01/30/2026 RLD
Page 3 of 6
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, pursuant to Resolution 25-253, City Council approved Change Order No. 2
that was 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; and,
WHEREAS, Change Order No. 2 also requested 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. 24781
01/30/2026 RLD
Page 4 of 6
WHEREAS, Change Order No. 3 is being submitted by MK Constructors for the Field
Authorization approved on August 22, 2025 for electrical item adjustment due to Entergy
revisions between Proctor Street and Lakeshore Drive and both the addition and deduction of
various construction materials (concrete, sand, storm pipe, water line, and curb/gutter) to
remove sidewalks, driveways and curb/gutter sections for the increased amount of
$19,577.44, changing the previous contract amount of $13,458,907.57 to the new contract
amount of $13,478,485.01, see Exhibit A; and,
WHEREAS, Change Order No. 3 also requests the addition of one hundred-one (101)
calendar days amending the original contract completion date of March 21, 2026 to the new
contract completion date of June 30, 2026; and,
WHEREAS, approval of PR No. 24781 for Change Order No. 3 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. 3 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 Field Authorization approved on August 22, 2025
for electrical item adjustment due to Entergy revisions between Proctor Street and Lakeshore
Drive and both the addition and deduction of various construction materials (concrete, sand,
storm pipe, water line, and curb/gutter) to remove sidewalks, driveways and curb/gutter
PR No. 24781
01/30/2026 RLD
Page 5 of 6
sections for the increased amount of $19,577.44, changing the previous contract amount of
$13,458,907.57 to the new contract amount of $13,478,485.01, see Exhibit A; and,
THAT, Funding for Change Order No. 3 is available in the Streets Capital Account No.
307-21-053-8517-00-10-000, Project No. ST4014.CON; and,
THAT, Change Order No. 3 adds one hundred-one (101) calendar days for the
additional work mentioned and inclement weather days, amending the previous contract
completion date of March 21, 2026 to the new contract completion date of June 30, 2026;
and,
THAT, the City Manager is authorized to execute Change Order No. 3 with BDS
Constructors, LLC, dba MK Constructors, LLC, of Vidor, Texas, in substantially the same form,
attached hereto as Exhibit A; 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.
2026 at a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Charlotte M. Moses
Mayor
PR No. 24781
01/30/2026 RLD
Page 6 of 6
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
Roxann Pais Cotroneo, Esquire Ron Bu , C M
City Attorney City Manage
APPROVED AS FOR AVAILABILITY OF
FUNDS:
Ly a "Lyn" Boswell, MA, IC A-CM
Director of Finance
Suhail Kanwar, PE, MS, CFM
Director of Public Services/City Engineer
E 1114�t
Clifton Williams, CPPB
Purchasing Manager
EXHIBIT A
1`1.`1.
1.. ARCENEAUX WILSON&COLE
engineering Isurveying I planning
CHANGE ORDER NO. 3
DATE: December 4, 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 101 calendar days
June 2025— November 2025 (45 Weather Days)
Includes Average of 8 calendar days per month for December 2025—June 2026
2. Adjust Quantity in the following Bid Items:
a. Field Authorization Approved 8/22/2025 for electrical item adjustments due to Entergy revisions
between Procter Street to Lakeshore Drive: +$25,554.00
i. Deduct Bid Item No. El 2" Sch.40 PVC Conduit $ (6,800.00)
-400 LF x$17.00/LF
ii. Add New Bid Item No. CO3-1 Duct Bank w/1" Conduit $ 6,908.00
+200 LF x $34.54/LF
iii. Add Bid Item No. CO3-2 Duct Bank w/ Double 1" Conduit $ 25,446.00
+600 LF x $42.41/LF
b. Adjust the following Bid Items:
i. Bid Item No. 125 Sch. 80 Irrigation Sleeve (4") $ 9,330.00
+622 LF x $15.00/LF
ii. Bid Item No. 127 Class 200 Irrigation Sleeve (8") $ 1,320.00
+60 LF x$22.00/LF
AWL CHANGE ORDER NO. 3
"NAL CIVIC
December 4, 2025
'A M Job No. CPA-1100
.. ARCENEAUX WILSON&COLE
engineering I surveying I planning
iii. Bid Item No. C2 Remove Concrete Sidewalks $ 8,220.36
+685.03 SY x$12.00/SY
iv. Bid Item No. C3 Remove Concrete Driveways $ 9,639.00
+357 SY x $27.00/SY
v. Bid Item No. C16A Concrete Pavement (Class P) (8") $ (70,560.00)
-672 SY x $105.00/SY
vi. Bid Item No. C31 Remove Structure (18" Pipe) $ 588.00
+98 LF x$6.00/LF
vii. Bid Item No. C34 Type C Curb Inlet $ 6,446.00
+1 EA x$6,446.00/EA
viii. Bid Item No. C36 Modified Manhole (Stage 1) $ (11,210.00)
-2 EA x $5,605.00/EA
ix. Bid Item No. C38 RC Pipe (Class III) 18" $ 812.00
+4 LF x$203.00/LF
x. Bid Item No. C40 HP Storm Pipe (18") $ (13,208.00)
-127 LF x$104.00/LF
xi. Bid Item No. C41 Ductile Iron Dome Grate Inlet $ (4,200.00)
1 -1 EA x $4,200.00/EA
xii. Bid Item No. C46 Relocate Existing Water Line (6") Conflicts $ (6,644.00)
-1 EA x $6,644.00/EA
xiii. Bid Item No. C69 Upright Concrete Curb (6") $ (3,109.92)
-496 LF x$6.27/LF
2 of 4
. CHANGE= ORDER NO. 3
December 4, 2025
' CIVIC
'`'. Job No. CPA-1100
.. ARCENEAUX WILSON&COLE
engineering I surveying I pbnning
c. Add the following Bid Items:
I
i. Bid Item No. CO3-3 Concrete Curb & Gutter Section $ 17,500.00
+350 LF x $50/LF
ii. Bid Item No. CO3-4 Curb/Gutter Mobilization $ 7,500.00
+1 LS x $7,500.00/LS
iii. Bid Item No. CO3-5 Cement Stabilized Sand $ 41,600.00
+260 TONS x$160.00/TON
SUBTOTAL $ 19,577.44
3 of 4
'" CHANGE ORDER NO. 3
At VA
December 4, 2025
Job No. CPA-1100
.. ARCENEAUX WILSON&COLE
ergireering I surveying I planning
CHANGE TO CONTRACT PRICE:
ORIGINAL CONTRACT PRICE: $13,426,347.92
CURRENT CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $13,458,907.57
The CONTRACT PRICE due to this CHANGE ORDER will be [increased] [decreased]
by: $19,577.44 Dollars
The new CONTRACT PRICE, including this CHANGE ORDER, will be $ 13,478,485.01
CHANGE TO CONTRACT TIME:
ORIGINAL CONTRACT TIME: 591 Calendar Days
CURRENT CONTRACT TIME adjusted by previous CHANGE ORDER: 678 Calendar Days
CURRENT DATE OF COMPLETION: March 21, 2026
CONTRACT TIME due to this CHANGE ORDER will be increased by 101 Days
The New DATE OF COMPLETION: June 30, 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
4 of 4
CITY OF PORT ARTHUR
Public Works Engineering
DATE: January 30,2026
PROJECT: WOODWORTH BLVD STREETSCAPES IMPROVEMENT PROJECT
OWNER: CITY OF PORT ARTHUR
CONTRACTOR: MK CONSTRUCTORS
CHANGE ORDER NO.: 3
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
El 2"Sch.40 PVC Conduit LF $ 17.00 -400 $ (6,800.00)
CO3-1 Duct Bank w/1"Conduit LF $ 34.54 200 $ 6,908.00
CO3-2 Duct Bank w/Double 1"Conduit LF $ 42.41 600 $ 25,446.00
125 Sch.80 Irrigation Sleeve(4") LF $ 15.00 622 $ 9,330.00
127 Class 200 Irrigation Sleeve(8") LF $ 22.00 60 $ 1,320.00
C2 Remove Concrete Sidewalks SY $ 12.00 685.03 $ 8,220.36
C3 Remove Concrete Driveways SY $ 27.00 357 $ 9,639.00
C16A Concrete Pavement(Class P)(8") SY $ 105.00 -672 $ (70,560.00),
C31 Remove Structure(18"Pipe) LF $ 6.00 98 5 588.00
C34 Type C Curb Inlet EA $ 6,446.00 1 $ 6,446.00
C36 Modified Manhole(Stage 1) EA $ 5,605.00 -2 $ (11,210.00)
C38 RC Pipe(Class III)18" LF $ 203.00 4 $ 812.00
C40 HP Storm Pipe(18") LF $ 104.00 -127 $ (13,208.00)
C41 Ductile Iron Dome Grate Inlet EA $ 4,200.00 -1 $ (4,200.00)
C46 Relocate Existing Water Line(6")Conflicts EA $ 6,644.00 -1 $ (6,644.00)
C69 Upright Concrete Curb(6') LF $ 6.27 -496 $ (3,109.92)
CO3-3 Concrete Curb and Gutter Section LF $ 50.00 350 $ 17,500.00
CO3-4 Curb/Gutter Mobilization LS $ 7,500.00 1 $ 7,500.00
CO3-5 Cement Stabilized Sand TON $ 160.00 260 $ 41,600.00
ADDITION OF 101 CALENDAR DAYS
June 2025-November 2025(45 Weather Days)
TOTAL CHANGE ORDER NO.3 $ 19,577.44
PREVIOUS CONTRACT AMOUNT NEW CONTRACT
$ 13,458,907.57 AMOUNT $13,478,485.01
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 AMOUNT OF CHANGE ORDER NO.3: $ 19,577.44
TOTAL PERCENT OF CHANGE ORDERS: 4%
NEW CONTRACT AMOUNT: 513.478.485.01
ONE HUNDRED-ONE(101)CALENDAR DAYS HAVE BEEN ADDED TO CHANGE ORDER NO.3
NOTICE TO PROCEED DATE: May 13,2024
PREVIOUS NUMBER OF CALENDAR DAYS: 645
CONTRACT COMPLETION DATE: March 21,2026
NUMBER OF CALENDAR DAYS REQUESTED: 101
UPDATED NUMBER OF CALENDAR DAYS: 779
NEW CONTRACT COMPLETION DATE: June 30,2026
PREPARED BY: TA....1. e.
, APPROVED BY:
•
—....6(---11-1:11-"Z it211-14-1-44-Ve---
Roeisha L.Diaz,Engineering Administrati n Suhail Kanwar,PE,City Engineer
1
APPROVED BY: APPROVED BY:
Derek Graffagnino,PE,Senior Project Manager,AWC
Clifton Williams,CPPB,Purchasing Manage
APPROVED BY:
APPROVED BY: �.
Michael Kelley,Project Manager,MK Constructors
Vol,.1
Ron Burton,CPM, Manager
APPROVED BY: I LI /'
Dr.Hani Tohme,PE,Consu t
S:\Engineering\PUBLIC WORKS\PW-ENGINEERING\C.I.P.PROJECTS\Year 2024\WOODWORTH BLVD PROJECT\Change Orders\Change Order 3\Woodworth CO 3 MK