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MEMOP-ANDUM
To: Mayor, City Council, and City Manager
From: Floyd Batiste, EDC Director
Date: June 25, 2010
Subject: P. R. No. 15953; Council Meeting June 29, 2010
Atta~~hed is P. R. No. 15953 <~uthorizing Amendment No. 1 to
the Contract between the City of :Port Arthur Section 4A Economic
Development Corporation and Excavators and Constructors, Ltd. for
water, sewer, paving, and drainage facilities to serve the Port
Arthur Business Park-Phase II, Contract No. 3 (A&G No. EDC-090).
FB:ts
Attachment
cc: City Attorney
Arceneaux & Gates
Excavators & Constructors, Inc.
s.prl ~953_memo
CENEAIIX
I &
l GATES
conso~rrnva
EN6WECERB, WC.
Memo
To: Ms. Valecia R.Tizeno
From: Joe M. Wilson, Jr., PE
CC: Mr. Floyd Batiste, CEO, PAEDC, Guy Goodson
Date: June 24, 2010
Email: fbatiste(a)oaedc.ora, valCa~oortarthur.net, GGoodson(cDaermer.com
Fax: (409) 962445
Re: Contracts for EDC-090, Contract 3
Job: WATER, SANITARY SEWER, PAVING and DRAINAGE FACILITIES
to serve the PORT ARTHUR BUSINESS F'ARK -PHASE II
A&G PROJECT NO. EDC-090, CONTRACT 3
Ms. Tizeno,
Attached is Contract Amendment No. 1 for the Water, Sanitary Sewer, Paving and Drainage Facilities
to serve the Port Arthur Business Park-Phase II, Contract 3. This project was designed and bid with
four deductive altemates and one additive alternate. The project bid was structured in manner in order
to utilize the available funds while maximizing the project scope. The project was awarded based on
the acceptance of all of the four deductive alternates and the one additive altemate. After discussions
with the PAEDC it was determined that additional funds were available for tl~is project. It was the
PAEDC's request to incorporate as much of the underground utility construction as possible (i.e. storm
sewers, sanitary sewers and water lines) in the project. Contract Amendment No. 1 is structured to do
just that. Our bid documents were structured to allow the PAEDC to add back "any deductive
alternative or items within a deductive alternate" to the project scope. 1 am attaching page D-21 of the
bid that contains this language. I hope this brief explanation clarifies the need for Contract Amendment
No. 1. Should you have any question please feel frees to call.
C\C~
STATEMENT FOR SEPARATED CONTRACT COMPLIANCE:
TOTAL BASE BID: Non-consumable material and
equipment. (Tax Exempt)
TOTAL BASE BID: Skill, labor and consumable
material, tools and equipment. (Not Tax Exempt)
Lnit prices are to be expressed in both words and. figures. In case of a discrepancy, the amount shown
in words shall govern. The above unit prices shall include all labor, materials, equipment, bailing,
shoring, removal, overhead, profit, insurance, etc. to cover the finished work of the several kinds called
for.
BIDDER acknowledges and agrees that OWNER reserves the right to reject any and all bids and to
waive any informalities in the bidding. In addition, the OWNER reserves the right to award the
Contract on the basis of THE TOTAL AMOUNT' BID or THE TOTAL AMOUNT BID less deductive
alternatives "A," "B," "C," and/or "D" as set forth in the bid plus the additive alternative "E", which
deductive alternatives together with the additive alternative are deemed most advantageous to OWNER.
[n evaluating and making an award, the following shall be the priority for deductive alternatives to be
considered by the OWNER:
1) deductive alternative "A", paving;
2) deductive alternative "D", water system;
3) deductive alternative "C", sanitary sewer;
4) deductive alternative "B", storm sewer.
Following the award and progress of the WORK, if funds are available to add back any deductive
alternative or items within a deductive alternative., the OWNER reserves the right to add such deductive
alternatives by change order and contractor shall agree to the pricing shown in the bid for such items.
Respectfully submitted:
(NAME OF CONTRACTOR)
BY:
(SIGNATURE)
TITLE:
DATE:
(SEAL, IF BIDDER I5 A CORPORATION)
(ADDRESS)
(TELEPHONE NUMBER)
(LICENSE NUMBER IF APPLICABLE)
(ATTEST)
D••21
P. R. No. 15953
6/23/2010 fb/kv/ts
RESOLUTION NO.
A RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO THE
CONTRACT BETWEEN THE CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION AND EXCAVATORS &
CONSTRUCTORS, LTD FOR WATER„ SEWER, PAVING, AND DRAINAGE
FACILITIES TO SERVE THE PORT ARTHUR BUSINESS PARK -PHASE
II, CONTRACT NO 3 (A&G NO. EDC-090)
WHEREAS, on April 19, 2010, the Board of Directors of the City of Port Arthur Section 4A
Economic Development Corporation (the "PAEDC"') approved the bid for the construction of water,
sanitary sewer, paving, and drainage to serve the PAEDC Business Park located at 9555 W. Port
Arthur Road to Hwy 365 to Excavators & Contractors, Ltd. of Port Arthur, Texas, in the amount of
$ 903,364.35; and
WHEREAS, on May 18, 2010, Resolution No. 10-181 was approved by the City Council of
the City of Port Arthur, awarding the contract for this project to Excavators & Contractors, Ltd. on
the basis of their total amount bid ($2,074,601.'6) with Alternate Deductives A, B, C, D and
Alternate Additive E, resulting in a contract price of $903,364.35; and
WHEREAS, based upon street bond fund balance as of April 1, 2010, PAEDC had a funding
capacity of $1,471,626.02; and
WHEREAS, it is found to be feasible to amend the contract to allow the PAEDC to add back
any deductive' alternative or items within a deductiive alternate to the project scope, as delineated in
Contract Amendment No. 1 attached hereto as Exhibit "A"; and
WHEREAS, at the Port Arthur Economic Development Board of Directors meeting on June
28, 2010, the Board of Directors will consider approving Contract Amendment No. 1, as
recommended by Arceneaux & Gates Project Consulting Engineers, and Guy Goodson, PAEDC
legal counsel; and
s.pr15953 edc
WHEREAS, Contract Amendment No. 1 is a $524,344.30 increase in the contract price,
making the new contract price $1,427,708.65; and
WHEREAS, the current contract time is 164 calendar days, with proposed completion date
of November 22, 2010; and
WHEREAS, per Amendment No. 1, the new date for completion will be January 16, 2011;
and
WHEREAS, pursuant to Section 8.19 of the PAEDC Bylaws, the PAEDC has to submit
projects to the; City Council for review and approval.
NOW', THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions iin the preamble are true and correct.
Section 2. That the City Council Herein approves Contract Amendment No. 1,
contingent on final approval by the PAEDC board, for the water, sewer, paving, and drainage
facilities to serve the Port Arthur Business Park -Phase II, Contract 3, in the amount of $524,344.30
with a total contract price of $1,427,708.65 to Excavators & Contractors, Ltd., in substantially the
same form as attached hereto as Exhibit "A".
Section 3. That the construction of F'AEDC Business Park Phase II Contract 3 will
reflect that the parties to the contract are the PAEDC and Excavators & Contractors, Ltd.
READ, ADOPTED AND APPROVED on this day of A.D., 2010, at a
Meeting of the City Council of the City of Port. Arthur, Texas, by the following vote: AYES:
Mayor_
Councihnembers
NOES::
s.prl 5953_rdc
ATTEST:
TERRI RANKS, CITY SECRETARY
APPROVED:
FLOYD BATISTE, PAEDC CEO
APPROVED AS TO FORM:
DELORIS "BOBBIE" PRINCE, MAYOR
GUY N. U~`)DSON PAEDC ATTORNE
,,.~ , ~ ,,
~'
~~~~~~,
VAI,~(~ A .'~IZ O, CIT ATTORNEY
APPROVED AS TO THE AVAILABILITY OF FUNDS:
~f; ,~"'
'~ ~~.G~!..d:.r~1~; .
~~' ~.~~
DEBORAH ECH LS, DIRECTOR OF FINANCE
s.pr15953_edc
EXHIBIT "A"
_``~'~
ARCENEAUX
__ GATES
corstn.Tmc
enenvaexs, wc.
CONTRACT AMENDMENT No. 1
DATE: _ June 22.2010 JOE3 NO. EDC-090, Contract No. 3
AGREEMEN"I' DATE: May 18, 2010
NAME OF F'ROJF,CT: Water, Sewer, Paving and Drainar_e Facilities to serve the Port Arthur Business
Paek -PHASE 11, ConU•act 3
OWNEiR: _ PORT ARTHUR ECONOMIC DEVELOPMENT CORP.
CONTRAC"TOR: EXCAVATORS & CONSTRUCTORS LTD.
'The following amendments are hereby made to the CONTRACT DOCUMENTS:
1. Modify the following Bid Items:
a. Bid Item No. 4
Delete 12.00 Ea. Silt Control Inlet Protection $ (396.00)
b. Bid Item No. 5
Delete 3.40 Sta. Roadway Excavation '75' Right of Way $ (5,351.60)
c. Bid Item No. 6
Delete 1585.00 S.Y. 8-inch Compacted Subgrade $ (4,041.75)
d. Bid Item No. 7
Delete 28.00 ton Lime for Subgrade $ (4,004.00)
e. Bid Item No. 8
Delete 1585.00 S.Y. Manipulation of Lime $ (1.743.50)
f Bid Item No. 9
Delete 1199.00 S.Y. 8-inch Paving $ (39.,447.10)
g. Bid Item No. 10
Delete 611.00 6-inch Curb $ (1,466.40)
h. Bid Item No. 11
Delete 587.00 L.F. 5-foot Sidewalk $ (8,716.95)
i. Bid Item No. 12
Delete 2.00 Ea. Type I Handicap Ramp $ (1,084.00)
~~ _
ARCENEAUX
GATES
coNSInTINo
I:N6INEEAS, IXC.
CONTRACT AMENDMENT NO. 1
June 22, 2010
Job No. EDC-090, Contract No. 3
j. Bid Item No. 16
Delete 4.00 Ea. Type "C" Storm Sewer Manhole $ (18.608.00)
k. Bid Item No. 17
Delete 2.00 Ea. Type "C2" Storm Sewer Inlet $ (6.700.00)
I. Bid Item No. 18
Delete 2.00 Ea. Type "C2" Storm Sewer Inlet $ (3,730.00)
m. Bid Item No. 23
Delete 65.00 L.F. 30-inch RCP $ (4,013.75)
n. Bid Item No. 46
Delete Sta. Pavement Markings $ (5,006.20,
o. Bid Item No. 47
Delete Signage $ (4.762.80)
p. Bid Item No. 85
Delete Channel Excavation Alignment "B" $ (29,896.00)
q. Bid Item No. 86
Delete 1 %2-inch HMAC Overlay, Type D, PG 70-22,
Surface Aggregate Classification Type B $ (6.587.50)
r. Bid Item No. 87
Delete 6-inch Grade 3, Type A $ (5,758.75)
s. Bid Item No. 88
Delete Type III Fixed Barricade $ x,1,000.00)
2. Add the following Items:
a. Bid Item No. 15
Add 1734.00 L.F. Trench Safety Systeim $ 1.560.60
b. Bid Item No. 20
Add 1.00 Ea. 8-Foot x 6-Foot Concretes Headwall $ 4,520.00
c. Bid Item No. 28
Add 642.00 L.F. 7-Foot x 6-Foot RCB $ 230.157.00
d. Bid Item No. 29
Add 60.00 L.F. 8-Foot x 5-Foot RCB $ 15.852.00
2 o:f 4
ARCENEAUX
_ G__ATE_S__
CONEULTINO
]NOINEERS, INC. CONTRACT AMENDMENT NO. 1
June 22, 2010
Job No. EDC-080, Contract No. 3
e. Bid Item No. 30
Add 142 L.F. 8-Foot x 6-Foot RCB $ 54.173.00
f. Bid Item No. 31
Add 955 L.F. 9-Foot x 5-Foot RCB $ 283.730.50
g. Bid Item No. 33
Add 2.00 L.F. 8-inch PVC Sanitary Sewer $ 52.50
h. Bid Item No. 35
Add 2.00 L.F. Trench Safety System for Sanitary Sewer $ .50
i. Bid Item No. 36
Add 1,790.00 L.F. 12-inch PVC Water Line $ 44,123.50
j. Bid Item No. 37
Add 1.00 Ea. Fire Hydrant Assembly vuith Lead $ 2,758.00
k. Bid Item No. 38
Add 3.00 Ea. Fire Hydrant Assembly with Gradelock $ 8.160.00
I. Bid Item No. 39
Add 3.00 Ea. 8-inch Long Side Water Service $ 4,695.00
m. Bid Item No. 40
Add 3.00 Ea. 8-inch Gate Valve and Box $ 2,394.00
n. Bid Item No. 41
Add 1.00 L.F. 12-inch Gate Valve and Box $ 1.520.00
o. Bid Item No. 45
Add 1.00 L.S. Place and Compact Fill in Existing Ditch $ 8.754.00
3. Add the following Bid Items:
a. Bid Item No. 89
Add 4.00 Storm Manhole Risers @ 2.E~52.00 $ 10,608.00
b. Bid Item No. 90
Add 6.00 Future Storm Risers @ 600.00 $ 3.600.00
TOTAL $ 524,344.30
3 of 4
`"i~_
ARCENEAUX
__ _GA_T_ E_S__
coNSUi.rINa
E:NQINECRS, INC.
CONTRACT AMENDMENT NO. 1
June 22, 2010
Job No. EDC-090, Contract No. 3
AMENDMENTS TO CONTRACT PRICE:
ORIGINAL CONTRACT PRICE: $903.364.35
CURRENT' CONTRACTI' PRICE adjusted by previous AMENDMENT (S): $903.364.35
~~he CONTRACT PRICE due to this AMENDMENT will be [increased] {~If~~reasec~}
by: ._ $524.344.30 Dollars
"I'he new CONTRACT PRICE, including this AMENDMENT, will be $1.427.708 65
CHANGE'TO CONTRACT TIME:
ORIGINAL, CONTRACT TIME: 164 Calendar Days
CURRENT CON"TRACT TIME adjusted by previous AMENDMENT: 164 Calendar Days
CURRENT DATE OF COMPLETION:.. November 22 2010
CONTRACT TIME due to this AMENDMENT will be increased by 60 Days
The New DATE OF COMPLETION: _ January 16.2011
No other 'T'erms and Conditions of the Contract are changed as a result of this Amendment.
Contractor's acceptance of Amendment relieves OWNER of any liability for additional costs
incurred by Contractor in his performance of the work covered by the Amendment.
RECOMMENDED B1' ENGINEER:
ARCENE 8 GATE
CONSU NG ENGINEERS, INC.
ACCEPTED B1':
PORT ARTHUR ECONOMIC DEVELOPMENT CORP.
4 oiF4
ACCEI''TED B1':