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Home My WebLink AboutPR 24827 REQUEST FOR APPROVAL OF AMENDMENT 1 - 9TH AVENUE PAVEMENT IMPROVEMENT PROJECT _ E.+rney Cam'of (m ort rthtt� _Fetus INTEROFFICE MEMORANDUM Date: March 4, 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: PR No.24827:Request for Approval of Amendment No. 1 —9th Avenue Pavement Improvement Project, most westward lane from Jimmy Johnson Boulevard to Lake Arthur Drive.Capital Account No. 148-21- 053-8517-00-10-000.Project No. ST5023.CON.Brystar Contracting,Inc.,(Brystar)of Beaumont,Texas Introduction: The intent of this memorandum is to request City Council's approval of Amendment No. 1 to the construction agreement with Brystar, of Beaumont,Texas, for the 9th Avenue Pavement Improvement Project,most westward lane from Jimmy Johnson Boulevard to Lake Arthur Drive,for a 150-calendar-day time extension. Background: The Engineering Department, along with the City Council Members, assembled a list of streets for repair and/or reconstruction as part of an overall street improvement plan. 9th Avenue from Jimmy Johnson Boulevard to Lake Arthur Drive was listed and subsequently selected for reconstruction. Planning and design of the 9th Avenue Pavement Improvement Project,the most westward lane(9th Avenue Project)from Jimmy Johnson Boulevard to Lake Arthur Drive, was done in-house under the direct supervision of Golden Triangle Consulting Engineers of Beaumont,Texas,which also sealed the drawings. Pursuant to Resolution No. 25-410, City Council awarded the construction contract to Brystar for a contract amount of $1,065,472.00 for the 9th Avenue Pavement Improvement Project most westward lane from Jimmy Johnson Boulevard to Lake Arthur Drive. During construction,project progress was delayed while the contractor awaited direction on whether to add a subgrade improvement component to the project scope. The delay associated with the potential addition of the subgrade improvement component was mutually discussed and agreed upon by Brystar Contracting,Inc.and the City's Engineering Department,and although the need for such consideration was not anticipated at the outset of the project,the Engineering Department has since reviewed the circumstances and determined that the requested time extension is reasonable and necessary for the proper completion of the project. Amendment No. 1 is being submitted by Brystar for a 150-calendar-day time extension due to the delay of awaiting a recommendation to add a subgrade improvement task to the project scope to continue construction. Budget Impact: Capital Account No: 148-21-053-8517-00-10-000.Project No. ST5023.CON. Recommendation: "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 CAUsers\trotibi_ch\AppData\Local\Microsoft\Olk\Attachments\ooa-d7e954fa-90ac-4575-Bab5-1b073aacf6dc\ld3bab312bd89157830de6e89291219e0cc4a9d42fdb24c506ebb498f5317d79\Agenda Me mo_Brysta r_CO 1.docx It is recommended that the City of Port Arthur's City Council approve PR No. 24827 for Amendment No. 1 to the construction agreement with Brystar, of Beaumont, Texas, for the 9th Avenue Pavement Improvement Project, the most westward lane from Jimmy Johnson Boulevard to Lake Arthur Drive, for a 150-calendar-day time extension. "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 24827 03/04/2026 RLD RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONSTRUCTION CONTRACT WITH BRYSTAR CONTRACTING, INC., OF BEAUMONT, TEXAS, FOR THE 9TH AVENUE PAVEMENT IMPROVEMENT PROJECT (MOST WESTWARD LANE) FROM JIMMY JOHNSON BOULEVARD TO LAKE ARTHUR DRIVE, PROVIDING FOR A ONE HUNDRED FIFTY (150) CALENDAR DAY TIME EXTENSION; PROVIDING FOR FUNDING FROM CAPITAL STREETS ACCOUNT NO. 148-21-053-8517-00-10-000, PROJECT NO. ST5023.CON WHEREAS, the City of Port Arthur has developed a comprehensive street rehabilitation program through the Public Works Engineering Division to address streets that require repair and reconstruction to maintain the safety and functionality of the City's transportation infrastructure; and WHEREAS, City Council Members, in coordination with the Engineering Division, identified and prioritized various streets within their respective districts for rehabilitation and reconstruction as part of the City's ongoing Capital Streets improvement program; and WHEREAS, 9th Avenue from Jimmy Johnson Boulevard to Lake Arthur Drive was identified as a roadway requiring reconstruction and was subsequently included in the City's street improvement program; and WHEREAS, the planning and design for the 9th Avenue Pavement Improvement Project, specifically the most westward lane from Jimmy Johnson Boulevard to Lake Arthur Drive, was performed by the City's Engineering staff under the supervision of Golden Triangle Consulting Engineers of Beaumont, Texas, which firm also sealed the project drawings; and WHEREAS, the City's Purchasing Department advertised for competitive sealed bids for the project in accordance with state law and City purchasing policies on April 30, 2025, and May 7, 2025, under Bid No. P25-052; and WHEREAS, on August 1, 2025, the Purchasing Department received and publicly opened two (2) sealed bids for the project from Brystar Contracting, Inc., of Beaumont, Texas, and Texas Materials, a CRH Company of Beaumont, Texas; and WHEREAS, pursuant to Resolution No. 25-410, the City Council awarded a construction contract to Brystar Contracting, Inc. in the amount of $1,065,472.00 for the 9th Avenue Pavement Improvement Project; and PR 24827 03/04/2026 RLD WHEREAS, during construction, project progress was delayed while the contractor awaited direction regarding the potential addition of a subgrade improvement component to the project scope necessary to proceed with continued construction activities; and WHEREAS, the delay associated with the potential addition of the subgrade improvement component was mutually discussed and agreed upon by Brystar Contracting, Inc. and the City's Engineering Department, and although the need for such consideration was not anticipated at the outset of the project, the Engineering Department has since reviewed the circumstances and determined that the requested time extension is reasonable and necessary for the proper completion of the project; WHEREAS, Brystar Contracting, Inc. has submitted Amendment No. 1 requesting a 150- calendar-day extension to accommodate the delay associated with evaluating and determining the appropriate subgrade improvement measures; and WHEREAS, approval of Purchase Requisition No. 24827 for Amendment No. 1 to the construction contract is deemed to be in the best interest of the City of Port Arthur. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: THAT,the facts and opinions in the preamble are true and correct; and, THAT, the City Council hereby approves Amendment No. 1 to the construction contract with Brystar Contracting, Inc., of Beaumont, Texas, for the 9th Avenue Pavement Improvement Project (most westward lane) from Jimmy Johnson Boulevard to Lake Arthur Drive, providing for a (150) calendar day extension of the contract time due to delays associated with evaluation of a potential subgrade improvement component to the project scope, as more particularly described in 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 of the City Council of the City of Port Arthur, Texas, by the following vote: Ayes: Mayor: Councilmembers: Noes: Charlotte M. Moses Mayor PR 24827 03/04/2026 RLD Page 4 of 4 ATTEST: Sherri Bellard, TRMC City Secretary APPROVED AS TO FORM: APPROVE• 6 ' A► INISTRATION Roxann Pais Cotroneo, Esq. Ron Bu • P City Attorney City Manager APPROVERS TO ABILITY OF FUNDS: 7 Lyn a (Lyn) Boswell, MA, IC -CM Finance Dir ctor Suhail Kanwar, PE Director of Public Services/City Engineer Clifton Williams, CPPB Purchasing Manager EXHIBIT A REQUEST FOR EXTENSION OF TIME 13 S A4 DUE TO DELAY CONTRACTING, INC. Job No. 25250 Date: 3/3/2026 Project Title: 9th Ave paving Improvments Owner: City of Port Arthur Month of Request: March Gentlemen: We request extension of completion time on our Contract in the amount of 150 Calendar days specified as follows. Reasons for Request: We have been delayed awaiting a recommendation to add a subgrade improvement task to the project scope so that construction can move forward. Date: 3/3/2026 By: Dylan Rogers OWNER/OWNERS REPRESENTATIVE `lj k APPROVED for extension of 15 d Calendar/Working Days. DISAPPROVED for extension of Calendar/Working Days. REMARKS: Date: 3 - 2{—2D 2 L By: l�-- �.✓.�-✓