HomeMy WebLinkAboutPR 19291: CONTRACT WITH BDS CONSTRUCTORS, LLC, DBA MK CONSTRUCTORS J
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INTEROFFICE MEMORANDUM
PUBLIC WORKS DEPARTMENT-ADMINISTRATION DIV.
Date: February 1, 2016
To: Brian McDougal, City Manager
From: Rawetts Baaheth, Sr., Interim Director of Public Work
RE: Proposed Resolution No. 19291
RECOMMENDATION
I recommend that the City Council approve P. R. No. 19291 authorizing the City Manager to execute
Change Order No. 4 to the contract with BDS Constructors, LLC, dba MK Constructors for the
construction of roadway rehabilitation and drainage improvements along 9th Street from Williams Avenue
to Duff Drive decreasing the contract amount by $2,247.81 to a new amount $769,430.49.
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. Per Resolution 15-371, the City Council approved Change Order
No. 3 increasing the contract term by 72 days to a new term of 387 days due to additional time for
continued street repairs on Duff Drive from the intersection of 9th Street to 8th Street. This change order is
for a deductive amount due to the changing of bid items for the completion of the project.
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. 19291 authorizing the City Manager to execute
Change Order No. 4 to the contract with BDS Constructors, LLC, dba MK Constructors for the
construction of roadway rehabilitation and drainage improvements along 9th Street from Williams Avenue
to Duff Drive decreasing the contract amount by $2,247.81 to a new amount $769,430.49.
"Remember we are here to serve the Citizens of Port Arthur"
P.R.No. 19291
01/30/16 rtb
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
CHANGE ORDER NO. 4 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 DECREASING
THE CONTRACT AMOUNT BY $2,247.81 TO A NEW AMOUNT OF
$769,430.49, GLO ROUND 2.1 PROGRAM, PROJECT NO. I2119,
ACCOUNT NO. 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. 1 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, per Resolution 15-371, the City approved Change Order No. 3 increasing
the contract term by 72 days to a new term of 387 days due to additional time for continued
street repairs on Duff Drive from the intersection of 9th Street to 8th Street; and,
WHEREAS, Change Order No. 4 will be a deductive change order of$2,247.81 due to
changing of bid items for the completion of the project attached hereto as Exhibit"A", and,
WHEREAS, approval of Change Order No. 4 decreasing the contract amount by
$2,247.81 to a new amount of $769,430.49 is herein deemed an appropriate action; now,
therefore,
P.R.No. 19291
Page 2
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. 4 is herein approved and the City Manager is authorized to
execute said Change Order No. 4 (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. 4 decreases the contract amount by $2,247.81 to a new
amount of$769,430.49 maintaining the 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. 2016 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. 19291
Page 3
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
'v
Valecia Tizeno Brian McDougal
City Attorney City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
Com/lr'
Jerry Dale, CPA V\5
`1‘e
Interim Director of Finance
NeLOA, 1A)1K�1 w
Clifton Williams, CPPB
Acting Purchasing Director
.wetts T. Baaheth, Sf.
Interim Director of Public Works
EXHIBIT A
•
WMenAlc
NMARCENEAUX WILSON &COLE
engineering I surveying I planning
RECEIVED
JAN 292016
January 25, 2016 PUBLIC WORKS
Admin.-City Hall
Mr. Hassan Shomalzadeh, PE
City of Port Arthur
444 4th Street
Port Arthur, Texas 77642
RE: PROPOSAL FOR CHANGE ORDER NO. 4
Roadway Rehabilitation & Drainage Improvements along 9th Street
AWC NO. CPA-780
Dear Mr. Shomalzadeh:
Attached is Change Order No. 4 for the Roadway Rehabilitation & Drainage Improvements
along 9th Street. This change order is the Final Change Order for the Roadway
Rehabilitation & Drainage Improvements along 9th Street that will add additional items and
remove all items not used in the project. Change Order No. 4 will be a deductive change
order in the amount $ 2,247.81. I recommend that the City of Port Arthur authorize this
change to the contract. I have attached Change Order No. 4 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
'eestan Cole, PE
Vice-President
409.724.7888
2901 Turtle Creek Dr.,Suite 320
Port Arthur,TX 77642 Engineering Surveying
awceng.com 10194049 10194049
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frairk
+Mr ARCENEAUX WILSON&COLE
ergireering surveying oianng
CHANGE ORDER No. 4
DATE: January 18, 2016 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. Remove 100 Ib, Supplemental Item No. 41,
Reinforcing Steel
($0.75/L.B.) [-] $ (75.00)
b. Remove 50 S.Y., Supplemental Item No. 44
1 1/2" Type "D" Hot Mix Asphalt
($35.00/S.Y.) [-] $ (1,750.00)
c. Remove 60 S.Y., Supplemental Item No. 45
8" Crushed Limestone Subgrade
($20.00/S.Y.) [-] $ (1,200.00)
d. Remove 75 L.F., Supplemental Item No. 46
24" Concrete Curb and Gutter
($46.00/L.F.) [-] $ (3,450.00)
e. Add 54.97 Tons
1 1/2" Type "D" Hot Mix Asphalt
($76.90/Ton) [+] $ 4,227.19
SUBTOTAL ($ 2,247.81 )
'" CHANGE ORDER NO. 4
January 18, 2016
+11) C I 11 I C
'MM ARCENEAUX WILSON&COLE Job No. CPA-780, Contract No. 1
engineering I surveying I 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 [increased] [decreased]
by: $2,247.81 Dollars
The new CONTRACT PRICE, including this CHANGE ORDER, will be $769,430.49
CHANGE TO CONTRACT TIME:
ORIGINAL CONTRACT TIME: 180 Calendar Days
CURRENT CONTRACT TIME adjusted by previous CHANGE ORDER: 207 Calendars Days
CURRENT DATE OF COMPLETION: December 24, 2015
CONTRACT TIME due to this CHANGE ORDER will be increased by 0 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:
N
CENEAUX WILSON & COLE LLC [CONTRACTOR,OFFICER OR OWNER]
BDS CONSTRUCTORS LLC DBA MK
CONSTRUCTORS
ACCEPTED BY:
CITY of PORT ARTHUR
2 of 2
Add 54.97 Tons 1 1/2" Type "D" Hot Mix Asphalt
($76.90/Ton) $4,227.19
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. 3 $ 92,133.30 Change Orders: 207 days
Contract Price Prior to Contract Time Prior to
this Change Order: $ 771,678.30 this Change Order: 387 days
Net Increasc/Decrease of Net Increase/Decr a.,c of
this Change Order: $ 2,247.81 this Change Order: 0 days
Contract Price With all Contract Time With all
Approved Change Orders: $ 769,430.49 Change Orders: 387 days
Cumulative Percent Change in Contract Price (+/-): Grantee Contract End Date:
8.8 % (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: APPROVED: ACCEPTED:
By: By: By:
ENGINEER OWNER CONTRACTOR
Date: /•27-:1 //C7 Date: Date: ---c7.611-1
Construction Contract Change Order Request Form Page 2 of 3
CDBG Disaster Recovery Program May 2012
FERAL-Z •111<)Lq
q. ° Texas General Land Office
W /ft 11
iii" Disaster Recovery
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FST4BLISHEO., a
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: January 18, 2016 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.: 4
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
Remove 100 Ib, Supplemental Item, Reinforcing Steel $75.00
41
($0.75/L.B.)
44 Remove 50 S.Y., Supplemental Item,1 1/2" Type "D" $1,750.00
Hot Mix Asphalt ($35.00/S.Y.)
45 Remove 60 S.Y., Supplemental Item, 8" Crushed $1,200.00
Limestone Subgrade ($20.00/S.Y.)
46 Remove 75 L.F., Supplemental Item, 24" Concrete $ 3,450.00
Curb and Gutter ($46.00/L.F.)
Construction Contract Change Order Request Form Page 1 of 3
CDBG Disaster Recovery Program May 2012
JUSTIFICATION FOR CHANGE
1. Will this Change Order increase or decrease
the number of beneficiaries? ❑ Increase ❑ 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 0 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