HomeMy WebLinkAboutPR 25077: CHANGE ORDER NO. 5 FOR THE STONEGATE DRAINAGE IMPROVEMENT PROJECT \ //.
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INTEROFFICE MEMORANDUM
Date: July 23,2026
To: The Honorable Mayor and City Council
Through: Ron Burton, CPM, City Manager
From: Suhail Kanwar,P.E.,M.S., CFM, ENV SP, Director of Public Services/City Engineer
RE: PR. No. 25077— Stonegate Drainage Improvement Project. Change Order No. 5 from
Brystar Contracting, Inc. of Beaumont, Texas: Drainage improvements, increasing the
contract by $55,996.00, to a new contract amount of $18,033,616.15. Project No.
DR1PO4.CON.FEF Account No. 154-00-000-8515-00-10-000.
Introduction:
The intent of this agenda item is to seek City Council's approval for the City Manager to execute Change
Order No. 5 with Brystar Contracting, Inc., (Brystar) of Beaumont,Texas, for drainage improvements,
increasing the contract by $55,996.00, to a new contract amount of $18,033,616.15. Project No.
DR1PO4.CON.FEF Account No. 154-00-000-8515-00-10-000.
Background:
Pursuant to Resolution No. 18-231, the City of Port Arthur adopted the 2018 Disaster Recovery and
Resiliency Plan (DRRP) for recovery activities following Hurricane Harvey. The City of Port Arthur,
as part of the DRRP recovery activities, identified flood and drainage problems within the community
of Stonegate. Pursuant to Resolution No. 20-021, Stuart Consulting Group, of Houston, Texas, was
approved to provide design specifications and a final bid package for the Stonegate Drainage
Improvement Project.
Pursuant to Resolution No. 23-561, the City of Port Arthur's City Council approved awarding the
Stonegate Drainage Improvement Project to Brystar for the amount of$18,672,548.00.
Pursuant to Resolution No. 24-060, the City of Port Arthur's City Council gave approval for the City
Manager to enter into a professional engineering services contract for construction management and
value engineering with Chica&Associates,Inc.,(Chica)of Beaumont,Texas for the Stonegate Project.
"Remember,we are here to serve the Citizens of Port Arthur"
4114th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
S:\EngineeringTUBLIC WORKS NM-ENGINEERING\C.I.P.PROJECTS\Year2023\DRAINAGE PROJECTS1Stonegate\Change Orders\Change Order 51AgendaMemo CO 5 Stonegate.docx
Change Order No. 1
Pursuant to Resolution No. 24-187, approved by Port Arthur City's Council for Change Order No. 1
that addressed City staff, Chica, and Brystar performing value engineering on the project saving a total
amount of$1,638,750.00. An additional amount of$686,859.00 was added to the contract for lowering the
culvert boxes by one foot(1')at the golf course due to pipeline conflicts and also $101,201.10 was added to
the contract for a reinforced concrete liner at the bottom of the ditch due to water table issues. The original
contract amount of$18,672,548.00 was reduced by the net of$850,689.90, to the new contract amount of
$17,821,858.10.
Change Order No. 2
A Field Order was issued for Oakmont Drive to build a conflict box to avoid conflict with Entergy's
underground electrical line. An emergency letter dated November 14, 2024,to the City Manager outlined
the additional scope of work needed. It was approved and signed with the understanding that a resolution
regarding the Field Order would be presented to City Council thereafter.
Pursuant to Resolution No. 24-510, approved by Council, Change Order No. 2 was submitted by Brystar
Contracting, Inc. (Brystar) of Beaumont,Texas, to resolve an electrical conflict on Oakmont Drive, install
an irrigation weir at Pond 3 on the golf course,reroute an existing irrigation line,add HDPE pipe(180 LF),
install valves on existing transit lines, paving median to convert to a turning lane, and added 154 calendar
days to the original contract completion date of December 24,2025,to the new contract completion date of
May 27, 2026. Also, to include the additional amount of $315,047.10, modifying the existing contract
amount of$17,821,858.10,to the new contract amount of$18,136,905.20.
Change Order No. 3
A Field Order,dated May 9,2025, approved and signed by the City Manager,was issued for the immediate
installation of two line stops in the existing main feed water line to prevent a major water outage in the
surrounding area for the additional cost of$67,813.00. It was discovered that the selected locations of the
line stops were not part of the looped system, resulting in loss of water for the residents of Green Pointe
Estates. A line stop was removed and a 6"temporary bypass was installed to supply water to the residents.
This resulted in a fourteen-day(14)delay and the additional cost of$18,203.00. A change order addressing
this action would be presented to City Council as follow up to the Field Order.
Pursuant to Resolution No. 25-223, Change Order No. 3 was submitted by Brystar for the 9th Avenue
improvements behind the houses of the Greenway Pointe Estates Subdivision that addresses the Field
Order's installation of the two 16"water main line stops. It also defined work that will remove and replace
an existing sidewalk, install a manhole, install an inlet, install piping, modify an existing conflict box, and
install overflow pipes at Ponds#5 and#6.
Change Order No. 3 also increased the contract amount of $18,136,905.20 by $253,077.00 to the new
contract amount of $18,389,982.20; also, the addition of eighty-nine (89) calendar days, changing the
contract completion date of May 27,2026 to the new date of August 24,2026.
"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
Change Order No. 4
Pursuant to Resolution No. 25-526, Change Order No. 4 was submitted by Brystar Contracting,Inc., of
Beaumont, Texas, decreasing the contract in the amount of$412,362.05. The deductions were related
to quantities not utilized, as listed. These additions provided access roads to the two pump stations that
are essential for operating the retention ponds, repaired golf cart paths damaged during construction,
replaced 130LF water line to accommodate the installation of boxes on 9th Avenue,and the removal and
replacement of box culverts between the ponds as per the original design. Change Order No.4 decreases
the contract amount of$18,389,982.20 by$412,362.05,to the new contract amount of$17,977,620.15.
Change Order No. 5
Change Order No. 5 is submitted by Brystar Contracting, Inc.to reconcile final quantities and costs for
work performed under the project, including adjustments to bid items previously modified by prior
change orders. During construction, certain estimated quantities were either underutilized or exceeded
due to field conditions encountered, resulting in both cost reductions and increases. Change Order No.
5 provides for the necessary balancing of these line items to accurately reflect the actual quantities
installed and work completed, thereby ensuring that the contract amount corresponds with the final
project costs.
Additionally, Change Order No. 5 includes the ratification of emergency expenditures previously
authorized by an emergency memorandum for the rental of temporary pumps to mitigate and manage
significant rainfall events in May 2024. The emergency pump rentals were necessary to maintain
drainage operations, protect public infrastructure, and reduce the risk of flooding impacts to residents
and public property during periods of excessive precipitation. The total cost associated with the
emergency pump rentals is $43,366.00.
As referenced above, Change Order No. 5 addresses the quantity reconciliations and emergency
expenditures. Change Order No. 5 increases the original contract amount of $17,977,620.15 by
$55,996.00,resulting in a revised contract amount of$18,033,616.15.
Budget Impact:
The original contract price was$18,672,548.00
Change Order No. 1 decreased the contract amount by$850,689.90.
Change Order No.2 increased the contract amount by$315,047.10.
Change Order No. 3 increased the contract amount by$253,077.00.
Change Order No.4 decreased the contract amount by$412,362.05.
Proposed change order No.5 will increase the contract amount by$55,996.00,to the new contract amount
of 18,033,616.15,with a total contract change order percentage of-3.54%.
Funds are available in Account No.: 154-00-000-8515-00-10-000.Project No.DR1PO4.CON.FEF
Recommendation:
It is recommended that the City of Port Arthur's City Council approve PR No. 25077 authorizing the City
Manager to accept Change Order No. 5 from Brystar Contracting Inc., of Beaumont, Texas, increasing the
contract by $55,996.00, to a new contract amount of$18,033,616.15. Project No. DR1PO4.CON.FEF
Account No. 154-00-000-8515-00-10-000.
"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.25077
07/23/2027 RLD
Page 1 of 7
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE CHANGE ORDER NO. 5 TO THE CONTRACT
BETWEEN THE CITY OF PORT ARTHUR AND BRYSTAR
CONTRACTING, INC., OF BEAUMONT, TEXAS, FOR THE
STONEGATE DRAINAGE IMPROVEMENT PROJECT.
INCREASING THE CONTRACT AMOUNT BY$55,996.00,TO
A NEW CONTRACT AMOUNT OF$18,033,616.15.ACCOUNT
154-00-000-8515-00-10-000. PROJECT NO. DR1PO4.CON.FEF
WHEREAS,pursuant to Resolution No. 18-231, the City of Port Arthur adopted the 2018
Disaster Recovery and Resiliency Plan(DRRP)for recovery activities following Hurricane Harvey;
and,
WHEREAS, the DRRP included mitigation planning and investment in infrastructure to
rebuild/repair streets,utilities,public facilities,water,sewer,and drainage in addition to identifying
areas in the 100-year flood zone frequently flooded during previous storms or significant rain
events; and,
WHEREAS, the community of Stonegate was selected as an area that has experienced
significant flooding due to rain events, flash flooding and drainage related issues; and,
WHEREAS, pursuant to Resolution No. 20-021, Stuart Consulting Group of Houston,
Texas, was approved to provide design specifications and a final bid package for the Stonegate
area; and,
WHEREAS, the Stonegate Drainage Improvement Project was let for bidding under Bid
Number P23-069 on September 9, 2023 and September 16, 2023,by the Purchasing Department;
and,
WHEREAS, three (3) bids were received from Allco, LLC, of Beaumont, Texas; BDS
Constructors, LLC, of Vidor,Texas; and Brystar Contracting, Inc., of Beaumont,Texas; and,
PR No.25077
07/23/2027 RLD
Page 2 of 7
WHEREAS,bids were opened, and evaluated by the Purchasing Department, the Public
Works staff, and Stuart Consulting Group, on Wednesday, October 11, 2023, with Brystar
Contracting, Inc., of Beaumont,Texas being the lowest qualified bidder for$18,672,548.00; and,
WHEREAS,pursuant to Resolution No. 23-561,the Port Arthur City Council authorized
the City Manager to enter into an agreement with Brystar Contracting,Inc.,(Brystar)of Beaumont,
Texas, for$18,672,548.00 for the Stonegate Drainage Improvement Project; and,
WHEREAS,pursuant to Resolution No. 24-060, the Port Arthur City Council authorized
the City Manager to enter into a professional engineering services contract for construction
management and value engineering with Chica & Associates, Inc., of Beaumont, Texas for the
Stonegate Project; and,
WHEREAS, pursuant to Resolution No. 24-187, City Council approved Change Order
No. 1 where City staff, Chica, and Brystar performed value engineering on the project, saving a
total amount of$1,638,750.00.An additional amount of$686,859.00 was added to the contract for
lowering the culvert boxes by one foot (1') at the golf course due to pipeline conflicts and also
$101,201.10 was added for a reinforced concrete liner at the bottom of the ditch due to water table
issues; and,
WHEREAS, Change Order No. 1 reduced the original contract amount of$18,672,548.00
by the net of$850,689.90,to the new contract amount of$17,821,858.10; and,
WHEREAS,a Field Order was issued for Oakmont Drive that built a conflict box to avoid
conflict with Entergy's underground electrical line and an emergency letter dated November 14,
2024,was sent to the City Manager outlining the additional scope of work needed; and,
WHEREAS,pursuant to Resolution No.24-510, approved by Council,Change Order No.
2 was submitted by Brystar Contracting, Inc. of Beaumont,Texas,to resolve an electrical conflict
PR No.25077
07/23/2027 RLD
Page 3 of 7
on Oakmont Drive, install an irrigation weir at Pond 3 on the golf course, reroute an existing
irrigation line, add HDPE pipe(180 LF), install valves on existing transit lines,paving median to
convert to a turning lane, and added 154 calendar days to the original contract completion date of
December 24, 2025, to the new contract completion date of May 27, 2026; and,
WHEREAS, Change Order No. 2 also modified the existing contract amount of
$17,821,858.10 by$315,047.10,to the new contract amount of$18,136,905.20; and,
WHEREAS,the emergency letter was approved and signed by the City Manager with the
understanding that a resolution regarding the Field Order would be presented to City Council
thereafter; and,
WHEREAS,a Field Order,dated May 9,2025,approved and signed by the City Manager,
was issued for the immediate installation of two line stops in the existing main feed water line to
prevent a major water outage in the surrounding area for the additional cost of$67,813.00. It was
also discovered that the selected locations of the line stops were not part of the looped system,
resulting in the loss of water for the residents of Green Pointe Estates.A line stop was removed and
a 6" temporary bypass was installed to supply water to the residents, resulting in a fourteen-day
(14) delay and the additional cost of$18,203.00; and,
WHEREAS,pursuant to Resolution No. 25-223 for Change Order No. 3, approved by the
City of Port Arthur's Council, was submitted by Brystar for 9th Avenue improvements behind the
houses of the Greenway Pointe Estates Subdivision that addresses the Field Order's installation of
the two 16" water main line stops and defined work to remove and replace an existing sidewalk,
install a manhole,install an inlet,install piping,modify an existing conflict box,and install overflow
pipes at Ponds#5 and#6; and,
PR No.25077
07/23/2027 RLD
Page 4 of 7
WHEREAS, Change Order No. 3 also increased the contract amount of$18,136,905.20
by$253,077.00 to the new contract amount of$18,389,982.20 and the addition of eighty-nine(89)
calendar days, changing the contract completion date of May 27,.2026 to the new date of August
24, 2026; and,
WHEREAS,pursuant to Resolution No.25-526 for Change Order No. 4, approved by the
City of Port Arthur's Council, was submitted by Brystar decreasing the contract in the amount of
$412,362.05.The deductions are related to quantities not utilized and the additions provided access
roads to the two pump stations that are essential for operating the retention ponds,repaired golf cart
paths damaged during construction, replaced 130LF water line to accommodate the installation of
boxes on 9th Avenue, and the removal and replacement of box culverts between the ponds as per
the original design; and,
WHEREAS, Change Order No. 5 is being submitted by Brystar Contracting, Inc. to
reconcile final quantities and costs for work performed under the project,including adjustments to
bid items previously modified by prior change orders. During construction, certain estimated
quantities were either underutilized or exceeded due to field conditions encountered, resulting in
both cost reductions and increases. Change Order No. 5 provides for the necessary balancing of
these line items to accurately reflect the actual quantities installed and work completed, thereby
ensuring that the contract amount corresponds with the final project costs, see Exhibit A; and,
WHEREAS, additionally, Change Order No. 5 includes the ratification of emergency
expenditures previously authorized by an emergency memorandum for the rental of temporary
pumps to mitigate and manage significant rainfall events in May 2024.The emergency pump rentals
were necessary to maintain drainage operations, protect public infrastructure, and reduce the risk
PR No.25077
07/23/2027 RLD
Page 5 of 7
of flooding impacts to residents and public property during periods of excessive precipitation. The
total cost associated with the emergency pump rentals is $43,366.00, and,
WHEREAS,as a result of these quantity reconciliations and emergency expenditures,the
original contract amount of$17,977,620.15 increased by$55,996.00,resulting in a revised contract
amount of$18,033,616.15.
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 Manager of the City of Port Arthur is hereby authorized to execute Change
Order No. 5 with Brystar Contracting, Inc. of Beaumont, Texas, for line-item adjustments from
previous change orders, that resulted in both price reductions and increasements. The contract
amount of $17,977,620.15 was increased by $55,996.00 to the new contract amount of
$18,033,615.15, available in Account No. 154-00-000-8515-00-10-000, Project No.
DRIP 04.CON.FEF.; and,
THAT, a copy of the caption of this Resolution 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:
._-- c-- -
PR No.25077
07/23/2027 RLD
Page 6 of 7
Noes:
Charlotte M. Moses
Mayor
ATTEST:
Christe Whitley Ned,TRMC
City Secretary
PR No.25077
07/23/2027 RLD
Page 7 of 7
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
attoi•--
Roxann Pais Cotroneo, Esquire Ron Burto -•
City Attorney City w. ager
APPROVED AS TO AVALIABILITY OF FUNDS:
ia 46,0,
yn a "Lyn" Boswell, M.A., ICMA-CM
Director of Finance
Suhail Kanwar, PE
Director of Public Services/City Engineer
I 1f4
Clifton Williams, CPPB
Purchasing Manager
EXHIBIT A
CFFY OF PORT ARTHUR
PuHIe Wade:EalleeerlaE
DATE:APRIL6,2026
PROTECT:STOYEGATE MANAGE DWROYESIENT PROTECT OWNER: CITY OF PORE ARTHUR
CONTRACTOR: IBRYSIAR CONTRACTING.INC.
TIIE FOLLOWLVG CHANGES CV TILE PLANS A.`IIYOR5PECIFICATIONS ARE HEREBY MADE:QLANGE ORDER NO,6
Ad3mt:be ExlmstedQmuRhs to reflect Our Acmni Qto:Wt4s wed bt ,pktka of the project:
Item Ha. 'Et06606VAdyatedp9r ItemEluealptka LI& (MOW Qu+atltp Dull Erin Ocl1(nalAmount Mut Quantity NSW MM.! $(16s0:o1
OR Updated ClaamRrlpee Pnelpn CO.) $Addfilant
FroatC04/R.vomduo
90 earectimeCoetpra: REMOVE EREPULCE CONC(SIDEWALK ORRAMPI S( 303 430.9D •$9.000.O3 166 d6.230.00 S4A20.60
Replsa uvhemcted cem
&1pv
90 Co,MOo0 REMOVE EREPLACE COW ISIOEWAIX OR RAMP) SY 30 S170.00 $5L00000 166 S2i,220.00 LS22,Td0.00J
RamC034/Rmmmdmb
17D mrrcnmmepdaledq atilt' CONCCWEE3$E) (P 9,003 •510D0 -59400000 5.193 413900DD 53TA2000
Replace aid:oractei item
L<lar
170 Conschal CONCCORD DYII IF 5,561 510E0 558.610D0 5493 $51,1m44 (S6,630.00J
Ad.1 Emer6em.P..Rmtal&Sawke LS 1 S43,366.03 543.366.00
S 0.1019LS S10,610.m S66.60400 S13036.00
UPDATED coNrRACTAMOUNT ADD TO CONTRACT NEW CONTRACT AMOUNT
CO,6 Si
S 17977,6ID.1S 553996.00 S ILa33F34ss
ORIGLVAL CONTRACT ASIOUN,5 I5,67Z5103C
VET FROM PREVIOUS CHANGE ORDERS:S 179T1.620.13
TOTAL ASIOLTT OF THIS CHANGE ORDER NOS:S 53,19400
PERCENT OF THIS CHANGE ORDER V0.5: 0.31%
TOTAL PERCENT CHANGE ORDERS NO S: 431%
FLV,IL CONTRACT:MOUND S 11,033,616.15 L
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