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Home My WebLink AboutPR 19042: CHANGE ORDER 3, BDS CONSTRUCTORS, LLC DBA MK CONSTRUCTORS FOR THE ROADWAY REHIBILITATION & DRAINAGE IMPROVEMENTS ALONG 9TH STREET City of art rthttr Lexus INTEROFFICE MEMORANDUM PUBLIC WORKS DEPARTMENT-ADMINISTRATION DIV. Date: October 16, 2015 To: Brian McDougal, City Manager From: Rawetts Baaheth, Sr., Acting Director of Public Works RE: Proposed Resolution No. 19042 ✓ RECOMMENDATION I recommend that the City Council approve P. R. No. 19042 authorizing the City Manager to execute Change Order#3 to the contract with BDS Constructors, LLC, dba MK Constructors for the construction of roadway rehabilitation and drainage improvements along 9th Street on Duff Drive from 8th Street intersection to 9th Street intersection increasing the contract term by 72 days to a new term of 387 with a new completion date of December 24, 2015. BACKGROUND Per Resolution 14-443 a construction contract was awarded to BDS Constructors, LLC., dba MK Constructors for the 9th Street Paving Improvements Project. Per Resolution 15-208, the City Council approved Change Order No. 1 increasing the contract term by 69 days to a new term of 249 days due to inclement weather. Per Resolution 15-285,the City Council approved Change Order No. 2 increasing the contract term by 66 days to a new term of 315 days and increasing the contract amount by $92,133.30 to a new contract amount of$771,678.30. This change order is for additional time for continued street repairs on Duff Drive from the intersection of 9th Street to the intersection of 8th Street. The contractor was instructed to stop work due to City forces completing their section of work on Duff Drive before finishing the street to avoid having to reconstruct the road again. BUDGET/FISCAL EFFECT Funds are available in the GLO Round 2.1 Program, Project No. I2110T, Account No. 144-1201-532.59- 00. SUMMARY I recommend that the City Council approve P. R. No. 19042 authorizing the City Manager to execute Change Order#3 to the contract with BDS Constructors, LLC, dba MK Constructors for the construction of roadway rehabilitation and drainage improvements along 9th Street on Duff Drive from 8th Street intersection to 9th Street intersection increasing the contract term by 72 days to a new term of 387 with a new completion date of December 24, 2015. "Remember we are here to serve the Citizens of Port Arthur" P.R. 19042 10/16/15 rtb RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 03 TO THE CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND BDS CONSTRUCTORS, LLC dba MK CONSTRUCTORS FOR THE ROADWAY REHABILITATION & DRAINAGE IMPROVEMENTS ALONG 9TH STREET INCREASING THE CONTRACT TERM BY SEVENTY TWO (72) DAYS TO A NEW TOTAL OF THREE HUNDRED EIGHTY SEVEN (387) DAYS, GLO ROUND 2.1 PROGRAM,PROJECT NO.I2119,ACCOUNT # 144-1201-532.59-00. WHEREAS, per Resolution 14-443, the City entered into a contract with BDS Constructors, LLC dba MK Constructors of Vidor, Texas, for the 9th Street Paving Improvements Project in the amount of$679,545.00 and with a contract term of 180 days, said project limits from Williams Avenue to Duff Drive and Duff Drive south of 9th Street; and, WHEREAS, per Resolution 15-208, the City approved Change Order No. ] increasing the contract term by 69 days to a new term of 249 days; and, WHEREAS, per Resolution 15-285, the City approved Change Order No. 2 increasing the contract term by 66 days to a new term of 315 days and increasing the contract amount by $92,133.30 to a new contract amount of$771,678.30; and, WHEREAS, BDS Constructors, LLC dba MK Constructors has requested a third change order for additional time for continued street repairs on Duff Drive from the intersection of 9th Street to the intersection of 8th Street extending by seventy two (72) days increasing the contract term to 387 days attached hereto as Exhibit"A", and, WHEREAS, approval of Change Order No. 03 increasing the contract time by seventy two (72) days is herein deemed an appropriate action since the contractor was instructed to stop work due to City forces completing their section of work on Duff Drive before finishing the street to avoid having to reconstruct the road again; now,therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct;and, THAT, Change Order No. 03 is herein approved and the City Manager is authorized to execute said Change Order No. 03 (attached as Exhibit "A") to the contract between the City of Port Arthur and BDS Constructors, LLC, dba MK Constructors; and, THAT, Change Order No. 03 increases the contract time to a new term of 387 days for a completion date of December 24, 2015; 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. 2015 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Mayor Deloris"Bobbie"Prince Attest: City Secretary Sherri Bellard P.R. 19085 Page 3 APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: V Valecia Tizenuu Brian McDougal City Attorney City Manager APPROVED AS FOR AVAILABILITY OF FUNDS: Jerry Dale, CPA Clifton Williams, CPPB Interim P irector of Finance Op Acting Purchasing Director -rAf Ail, 44v;wetts T. B. . e h, .r. Acting Director of Public Works EXHIBIT A %/A Arcencaux Wilson & Colc------'r'•w AWC EngineeringSurveying Arceneaux Wilson 8c Cole LLC Planning 5\1C® Consulting Engineers RaC G ,26901 Turtle Creek Drive, Suite 11320 Port Arthur, TX 77642 QiC1 Phone: 409-724-7888 Fax: 409-724-1447 PUB`1C wO� C$ www.awceng.com wain. LETTER OF TRANSMITTAL DATE: October 5, 2015 PROJECT NO.: CPA-780 TO: City of Port Arthur ATTENTION: Mr. Hassin jShomalzadeh, PE 444 4th Street Port Arthur, TX 77642 RE: 9th Street Improvements WE ARE SENDING YOU Iv Attached ❑ Under Separate Cover Via: hand delivered The following items: ❑✓ Memo ❑ Monthly Invoice ❑ Plans ❑ Construction Documents ❑ Letter ❑✓ Change Order No.3 ❑ Form ❑ Other COPIES DATE DESCRIPTION 4 10/5/15 AWC Change Order No. 3 4 10/5/15 GLO Change Order No. 3 THESE ARE TRANSMITTED as checked below: ❑✓ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use H Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑Submit corrected prints ❑ For review and corn nt Execut and return original R. C PY< M COMMENTS: Melanie Theriot COPY TO: SIGNED: ARCENEAUX WILSON & COLE LLC Arccneau• Wilson & Cole---='s. AWCEngineering • Surveying • Planning October 5, 2015 Mr. Hassin Shomalzadeh, PE RECEIVE® Director of Public Works City of Port Arthur OCT 7206 444 Fourth Street Port Arthur, Texas 77640 Pug�ic wows Han RE: PROPOSAL FOR CHANGE ORDER NO 3 Roadway Rehabilitation & Drainage Improvements along 9f" Street Job No, CPA-780 Dear Mr. Schomalzadeh: Attached is Change Order No. 3 for the Roadway Rehabilitation & Drainage Improvements along 9th Street. This change order is time extension of 72 days to allow for the city employees to complete their work on Duff Avenue. The contractor was instructed to stop work to allow the City of Port Arthur employees to complete their construction work on Duff Avenue before finishing the street to avoid having to reconstruct that section of roadway again. Change Order No. 3 will increase the contract time by 72 days. I recommend that the City of Port Arthur authorize this change to the contract. I have attached Change Order No. 3 which modifies the contract to reflect this change for your consideration and action. Should you have any questions or require additional information, please contact our office. Very truly yours, ARCENEAUX WILSON & COLE LLC TEXAS REGISTERED ENGINEERING FIRM F-16194 Keestan Cole, P Vice President (409) 724-7888 • 2901 Turtle Creek Drive • Suite 320 • Port Arthur, Texas 77642 Registered Engineering Firm F-16194 Registered Survey Firm 10194049 Arceneaua Wilson & Cole---- F.R,�7APF7777Q AWC Planing t ia77„r„ CHANGE ORDER No. 3 DATE: October 5, 2015 JOB NO. CPA-780 AGREEMENT DATE: October 9, 2014 NAME OF PROJECT: Roadway Rehabilitation & Drainage Improvements Along 9th Street From Williams Avenue to Duff Drive and On Duff Drive South of 9th Street OWNER: CITY of PORT ARTHUR CONTRACTOR: BDS Constructors LLC dba MK Constructors 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 72 days CHANGE ORDER NO. 3 October 5, 2015 Arceneaux Wftcn a o�e- - --- Job No. CPA-780, Contract No. 1 AWC ER tying ne;Zu 5a,v Planning CHANGE TO CONTRACT PRICE: ORIGINAL CONTRACT PRICE: $679,545.00 CURRENT CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $771,678.30 The CONTRACT PRICE due to this CHANGE ORDER will be rr d] by: $0.00 Dollars The new CONTRACT PRICE, including this CHANGE ORDER, will be $771,678.30 CHANGE TO CONTRACT TIME: ORIGINAL CONTRACT TIME: 180 Calendar Days CURRENT CONTRACT TIME adjusted by previous CHANGE ORDER: 135 Calendars Days CURRENT DATE OF COMPLETION: October 13, 2015 CONTRACT TIME due to this CHANGE ORDER will be increased by 72 Days The New DATE OF COMPLETION: December 24, 2015 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: /41a1 i,1tY ARCENEAUX WILSON & COLE LLC [CONTRACTOR,OFFICER OR OWNER] BDS CONSTRUCTORS LLC DBA MK CONSTRUCTORS ACCEPTED BY: , d4% 0/.7//3 CITY of PORT ARTHUR 2 of 2 ��RAL C ti , Texas General Land Office {{ (7) Disaster Recovery FS 36 1'18Lis HE0 `g Construction Contract Change Order Request Form Engineer: Owner (Contractor Locality): Contractor: BDS Constructors LLC CITY OF PORT ARTHUR ARCENEAUX dba MK Constructors 444 4TH STREET WILSON & COLE LLC 2485 North Street PORT ARTHUR, TX 77642 2901 TURTLE CREEEK DR. Vidor, TX 77662 SUITE 320 Phone No.: 409-769-0089 PORT ARTHUR, TX 77642 Phone No.: 409-983-8296 Agreement Date: September 3, 2014 Phone No.: 409-724-7888 Date: October 5, 2015 Contract For (Project Description): GLO Contract No.: Project Code No.: P21111 12-305-025-6542 Roadway Rehabilitation & Drainage Improvements along Bid Package No.: 8 9th Street Change Order No.: 3 You are hereby requested to comply with the following changes from the contract plans and specifications: Item Description of Changes: Quantities, Units, Unit Prices, Decrease in Increase in No. Change in Completion Scheduled, Etc. Contract Price Contract Price Construction Contract Change Order Request Form Page 1 of 3 CDBG Disaster Recovery Program May 2012 Change in Contract Price Change in Contract Time (Calendar Days) Original Contract Price: $ 679,545.00 Original Contract Time: 180 days Previous Change Order(s): Net Change From Previous No. 1 to No. 1 $ 0.00 Change Orders: 135 days Contract Price Prior to Contract Time Prior to this Change Order: $ 771,678.30 this Change Order: 315 days Net ^ l, e/Decr aec of Net Increase/Decr asc of this Change Order: $ 0.00 this Change Order: 72 days Contract Price With all Contract Time With all Approved Change Orders: $ 771,678.30 Change Orders: 387 days Cumulative Percent Change in Contract Price (+/-): Grantee Contract End Date: 13.00 % (mm/dd/yy) 12 / 31 /2015 Construction Contract Start Date: Construction Contract End Date: (mm/dd/yy) 10 /6/2014 (mm/dd/yy) 12 / 24 / 2015 Reimbursements of costs included in this change order are subject to review by the GLO-DR program. * This document may be executed prior to submission for GLO-DR program review, but all parties involved will be held responsible if the change order or the amendment warranted as a result of this change order is not in compliance with CDBG or HUD requirements. RECOMMEND D: APPRO VED:, ACCEPTED: 4,' By: /` _,�/C�- j� By: "Vld/v'� / `/' By: 11/010._ �' ENGINEER OWNER CONTRACTOR Date: / -,--C:-/-5- Date: 1�,1/s Date: /0 --5'/ Construction Contract Change Order Request Form Page 2 of 3 CDBG Disaster Recovery Program May 2012 JUSTIFICATION FOR CHANGE 1. Will this Change Order increase or decrease the number of beneficiaries? 0 Increase 0 Decrease ✓ No Change If there is a change, how many beneficiaries will be affected? Total L/M 2. Effect of this change on scope of work: 0 Increase 0 Decrease ✓ No Change 3. Effect on operation and maintenance costs: 0 Increase 0 Decrease ✓ No Change 4. Are all prices in the change order dependent upon unit prices found in the original bid? ✓ Yes 0 No If"No", explain: 5. Has this change created new circumstances or environmental conditions which may affect the project's impact, such as concealed or unexpected conditions discovered during actual construction? 0 Yes ✓ No If"Yes", is an Environmental Re-assessment required? 6. Is the Texas Commission on Environmental Quality (TCEQ) clearance still valid? (if applicable) ✓ Yes 0 No 7. Is the TCEQ permit approval still valid? (sewer projects only) ✓ Yes 0 No 8. Are the handicapped access requirements/approval still valid? (if applicable) ✓ Yes ❑ No 9. Are other Disaster Recovery contractual special condition clearance still valid? ✓ Yes 0 No (If no, specify): NOTE: * Generally, a cumulative change in the contract price in excess of 25% cannot be reviewed (18% decrease for counties). Construction Contract Change Order Request Form Page 3 of 3 CDBG Disaster Recovery Program May 2012