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Ordinance No. 16,117 ORDINANCE NO. 16,117 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 TO THE CONSTRUCTION CONTRACT WITH BRANCH CONSTRUCTION GROUP, LLC FOR THE ANNUAL LIFT STATION REHABILITATION PROJECT- -NORTH MAIN STREET AND ST. JAMES STREET LIFT STATIONS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND FOUR HUNDRED NINETY- THREE AND NO 100 DOLLARS ($100,493.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council does hereby authorize Change Order No. 2 to the construction contract with Branch Construction Group, LLC for the Annual Lift Station Rehabilitation Project North Main Street and St. James Street Lift Stations in an amount not to exceed ONE HUNDRED THOUSAND FOUR HUNDRED NINETY-THREE AND NOI100 DOLLARS ($100,493.00). A copy of said change order is attached hereto, marked Exhibit "A" and made a part hereof for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 10"' day of April, 2025. dpYTO ..;V ARLES INSON, Mayor AT" 'ST: O� a 0 ANGELA C t�`Clerk' rEOF � APPROVED S T FORM: SCOTT LE4MOND, City Attorney R"•,Ordinances and Resolutions Ordinance Drafts 2025-04-10 Authorizing Change Order H2.1-ift Station Rehab Poject Branch Constmction.kh.docx EXHIBIT "A" CITY OF BAY"TOWN PUBLIC WORKS& ENGINEERING 2123 Market St. Baytown,Texas 77520 WTOWN CHANGE ORDER Annual [sift Station Rehabilitation -St.James Street and North Main Street Lift Stations Date of issuance: 2,12712025 Change Order No.: 2 Contractor: Branch Construction Group.LLC CoB Project No.: LFST2103 Designer: Arcadis U.S., Inc. P.O/Contract No.: 2415346/2251492 Explanation- The purpose of this change order is to provide additional project funding to address unforseen items discovered during the constriction of the designed lift station improvements. Through'The Interlocal Purchasing System(TIPS), Branch Construction Group submitted a cost to City of Baytown to complete the rehabilitation of the two lift stations located at St. James Street and North Main Street. These two locations comprise the current year Annual Lift Station Rehabilitation Probn-am. Additional sanitary sewer lines beyond those idenfiticd through the design process %acre discovered at the North Main Street lift station during the rehabilitation process. These additional lines were not shown in the City's G1S system or historical records. Branch Construction has installed a temporary bypass system to divert the flow based on the presumed sanitary lines. Based on the additional flow,Branch Construction will need to install a second temporary bypass system in order to complete the rehabilitation of the North Main Street lift station and keep the flows managable. Also discovered during the construction work at the North Main lift station,was that the existing manhole near the Iitt station was in far poorer condition than the design investigation indicated. D.idence of previous patch work attempting to keep the manhole from leaking was in fact still leaking. Branch Construction has indicated that further patch work to this manhole would not prolong the life of the manhole for very long. The suggestion to replace with a new manhole would compliment the new wet well being installed in the original scope of work. Description of Work Cost Time l. Additional Extra Unit Price Table(line items#50-55) $ 28,500.00 0 Days 2. Additional Cash Allowance Table(line items#56-62) $ 32,300.00 0 Days 3. Additional Bypass Pumping of Sanitary Sewer Line S 12,000.00 15 Days 4. New Manhole Concrete Structure $ 27,693.00 15 Days 5. $ - Days Please attach back-up documentation Cost& Time Change Summary Cost Time Original Contract- $ 573,650.00 156 Days Previous Change Order(s): $ 15,632.00 20 Days Contract prior to this change order: $ 589,282.00 Days Net increase(decrease)fi•om this change order $ 100,493 00 30 Days Revised Contract: $ 689,775.00 206 Days Percent increase(decrease)this Change Order 17.5% Percent increase(decrease) all Change Orders 20.2% Construction 1 uf2 D16 Ruvised 9 2023 RE 'DED: COMMENDED: Ay �t Date: 03 o _ Date: 03/25/2025 Dcsigr.F. c er Frank Sin oricaux,Jr., Directur of Public Worhb be En.-tnccnng ACCEPTED*: FMANCE APPROVAL: B;. Dare: By.�AAY-,"2 QDatc 04/01/25 C'ontmetor Ierew McKenzie,Chier Financial Otli.cr RECOMM N D: APPROVED: By: Date: 03/20/2025 By Date: Prujt.cl hfa e;r Jason E.Reynolds,CityM;Lnagcr VERTFTED- B}' Date. 3/21/25 nsme. Asset"Team--oemher 'Cont rat:tur agtcec to periarni cliu^ge:s)included in tht,Change Order I'or the price and time indicated 'll:c pncct rw eltnnge,vic:uded all core a;:octatej aids (hi;C.'hangc Order. No work k to he done until this ch^.nge order is executed No pay:+•.ert to the C outntctur(Ur COOSLltant)shall be made foi taerk uizIuded in the change nrder t.nti the Cunira,;wea pay ebdrnata is updated. Rcvi;c the proju:t plan,and specifications a.�rer'ertnccd v.vid inwlar is the original project draxvmg;a.^.d specifications are incunm$Wrlt,tht>Ch inge Order govern;,Upon cxecu:w:i by all parti;.,the iullmving charges identified fnr the contract t alue a nd'or contract tinic shows: are made part orthe contrast ConstrucUult D 16 Rey i,rd 4'2UZ3 CITY OF RAYTOWN PROPOSAL Item Ba Thte urdt of Egirmmd tip Price(mmiutm No. mossum Quw" oviba114 N Mail LG slab d and replace with in4ftd 44 smb daW(a4t 2"and t24n),06MVWMQ9QVftrd,Including 50.00 $8,750.00 24' are sta—M*3 stee hetoh and de CY 45 wl sin LS fouo toy l2"d ateoLrolrforcod concrolo ms $i 75.00 $11,ZOQ.00 40 N Main LS sa)oa IIII suWIM to 85 odor Std. CY 1225.00 34.950.00 47 N Main LS roop"no CY 22 , e c g 473,650.00 ALTERNATE 810 ITEM UNIT PRICE TABLE: Allemale Bid Item Unll SWM Title Unn of Estimated unit Prica No. Measure Quantity camas) Allemete 1:Repair ex glass wet well alivo ure. 40' Repair Abergiase surfaces,aeon, I atructurel LS ,000,00 $60,000.00 cgotmo 6 tarn 49, Altamate 2:Remove eaisbng 4-R fiberglass wet wel,re LS t $�00,000.00 wim 6•ft dia.precast*at well $100,000A0 TOTAL ALI& PR ES s 160,000.00 EXTRA UNIT MCE TltiBLL, Item Unit of EsIn aced Unit Price ma.00ermr Total In flgurcs NO Erdre lbdt Stan 71tle dye ovm*ty aamadl 60 Subsurface void Beaalu µateft CY 10 $200.00 $2,000.00 59 &ir DIP tnauent Ape LF 20 $300.00 $6,000.00 52 4,n DIP Influent Pipe LF 20 1 $275.00 $5 500,QQ 53 12-in DIP Wilmot Pipe LF 20 $425.00 $8,500.00 UK-2023 Birlder'xinina:',�r mx).AWr r of 4 CITY OF BAYTOWN PROPOSAL Item Extm Und Sh94749 UMt of Estlmetad link Price(M?%G*MM Tool m figurers No. Measure Quantity t:o imh) 64 Extra Excavation CY 20 $100.00 $2,000.00 55 Furriah and Install Extra sated Flt CY 20 $226.00 $4,500.00 TOTAL EXTRA UMIT PRICES S 281600101D CAhM ALLOWANCE TABU: Rem Cash Allowance Shut Tle Utdt of Estimated C2M Altowantfs No Meamse quall"My 58 Buldtng Perms Alotrtnoe CA r f 5,000 00 57 Lane Gosuro Fee CA 1 $500.00 58 Water Meeerfete CA t $750.00 59 Street Cut Permit CA $750.00 60 UllftyRebnWwment,CenterPwl CA r $5.000011 81 Dem liltOn Permll CA t $300.00 02 Teshn CA t $20.000 TOTnt.CAS H.ALL OWANCES i X.300.00 I 09-2023 Bidder's Initial's: 003W•4 of 4 10-0 BRANCH Project Proposal Company: City of Baytown Name: Enrique Villa Phone: 281-420-6694 Email: enrique.villa@baytown.org Date: October 23, 2024 Reference: N Main Lift Station Manhole Bypass SO# 2928 TIPS Contract Number-23010401 Scope Supply labor and equipment for BCG to install an additional bypass to the manhole from the church to the lift station due to additional live line connecting to manhole. Install approximately 450 LF of lay flat hose with pump for a total of approximately 3 days The church has been notified and we've received approval to close the entrance of the church during this time. • 6" Pump- Quantity 1 • 450' Lay Flat Hose- Quantity 1 • 20' Rigid Hose- Quantity 2 • 12" Plug- Quantity 1 Price $12,000 • Proposal is valid for 15 days from date of issuance. • Delays not caused by Branch Construction Group will be billed at the applicable rate. • If non-standard working hours are requested additional charges will be applied unless previously agreed on. Definition - Night Work 5:30PM — 7AM or Weekend Work Saturday/Sunday at applicable rate. Pricing does not include boring through rock, compensation for utility conflicts, locating services or delays not caused by Branch Construction Group. See unit pricing below for individual rates and charges. Additional $3.0011-f will be charged for boring through rock, shale. slate, and similar matenals Mobilization will be billed at $2.501mile for boring rig setup if applicable. Mobilization will be billed at $1.50/mile for workforce mobilization if applicable BRANCH CONSTRUCTION GROUP Project Proposal Assumptions • Assumes that private utilities (e.g., sprinklers etc.) are marked by the customer; Branch Construction Group will use reasonable precautions but will not be responsible for damage to unmarked/incorrectly marked utilities. • Customer responsible for all temporary/permanent fence removal/replacement. • The job schedule must be mutually agreed upon. • The work site will be cleaned by backhoe —will N01 include pressure wash/reclaimed water, street brush, etc. • Well Point/Pump Systems not included; if necessary, incremental expense to be charged to customer. • Branch Construction Group is not responsible for engineering drawings, city drawings, or any plans used for construction purposes. If there are errors or omissions and the job cannot be completed- Branch Construction Group will receive payment for work completed • All work to be done during normal construction hours (M-F, 7AM-5.30PM) Terms • Net 30 Days Termination • If the Client terminates this Contract after Branch Construction Group has commenced its work, the Client shall be responsible for the following: The Client shall pay Branch Construction Group the Contract price of the fittings. or specialized materials once production has commenced or the items have been purchased. The Client shall pay Branch Construction Group a 25% restocking fee in the event the lob is cancelled because standard fittings have been ordered. The Client shall reimburse Branch Construction Group for all reasonable out-of- pocket mobilization expenses incurred by Branch Construction Group (including travel and transportation costs for Branch Construction Group personnel to the job site and an hourly rate of$95.00 for each person mobilized by Branch Construction Group if Branch Construction Group has mobilized its personnel or agents in connection with the project. On certain occasions Branch Construction Group can return special or not normal size fittings. However, this will require 70% restocking fee if the job cancels or pipe size changes after fittings are ordered. O B SRANCH Project Proposal Indemnification • BRANCH CONSTRUCTION GROUP (HEREAFTER "BCG") SHALL INDEMNIFY CLIENT FOR DAMAGES ARISING OUT OF THE PERFORMANCE OF WORK, BUT ONLY TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS, ERRORS OR OMMISSIONS OF BCG AND THE TOTAL LIABILITY TO CLIENT AND ANYONE CLAIMING BY,THROUGH. OR UNDER CLIENT FOR ANY COST,LOSS, LEGAL FEES, OR DAMAGES SHALL NOT EXCEED THE PERCENTAGE SHARE THAT BCG's NEGLIGENCE BEARS TO THE TOTAL NEGLIGENCE OF CLIENT, BCG,AND ALL OTHER NEGLIGENT ENTITIES AND INDIVIDUALS. • BY WAY OF FURTHER LIMITATION, BCG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER GROUNDED IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR CONTRACT, AND UNDER NO CIRCUMSTANCES WILL BCG's LIABILITY EXCEED THE PROJECT PROPOSAL PRICE CLIENT PAID BCG FOR THE GOODS OR SERVICES UPON WHICH LIABILITY IS CLAIMED. ANY ACTION FOR BREACH OF CONTRACT MUST BE COMMENCED WITHIN ONE (1)YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. Accepted by. Company Name Signature: Name Printed. Date: BRANCH CONSTRUCTION GROUP Project Proposal Company: City of Baytown Name: Enrique Villa Phone: 281-420-6694 Email: enrique.villa@baytown.org Date: October 25, 2024 Reference: N Main Manhole Install SO#2932 TIPS Contract Number 23010401 Scope Supply labor, materials, and equipment to install 72" diameter manhole approximately 14.5 feet deep that was discovered to be broken during lift station rehab project. Proper bedding and shoring to be maintained during the installation. Reconnect any existing piping to new manhole to make operational and backfill wit approved material. Complete in place. • 72" x14.5' Manhole- Quantity 1 • Cement Stabilized Sand- Quantity 24 Yds • 8" P401 Ductile Iron- Quantity 10 LF • 8" Dresser Coupling- Quantity 2 • 12" Dresser Coupling- Quantity 1 Price $27,693 • Proposal is valid for 15 days from date of issuance. • Delays not caused by Branch Construction Group will be billed at the applicable rate. • If non-standard working hours are requested additional charges will be applied unless previously agreed on. Definition - Night Work 5.30PM — 7AM or Weekend Work Saturday/Sunday at applicable rate. Pricing does not include boring through rock, compensation for utility conflicts, locating services or delays not caused by Branch Construction Group. See unit pricing below for individual rates and charges. Additional $3.00/Lf will be charged for boring through rock, shale, slate, and similar materials Mobilization will be billed at$2.50/mile for boring rig setup if applicable. Mobilization will be billed at$1.50/mile for workforce mobilization if applicable BRANCH CONSTRUCTION GROUP Project Proposal Assumptions • Assumes that private utilities (e.g., sprinklers etc.) are marked by the customer; Branch Construction Group will use reasonable precautions but will not be responsible for damage to unmarked/incorrectly marked utilities. • Customer responsible for all temporary/permanent fence removal/replacement. • The job schedule must be mutually agreed upon. • The work site will be cleaned by backhoe -will NOT include pressure wash/reclaimed water, street brush, etc. • Well Point/Pump Systems not included; if necessary, incremental expense to be charged to customer. • Branch Construction Group is not responsible for engineering drawings, city drawings. or any plans used for construction purposes. If there are errors or omissions and the job cannot be completed- Branch Construction Group will receive payment for work completed. • All work to be done during normal construction hours (M-F, 7AM-5:30PM) Terms • Net 30 Days Termination • If the Client terminates this Contract after Branch Construction Group has commenced its work, the Client shall be responsible for the following: The Client shall pay Branch Construction Group the Contract price of the fittings, or specialized materials once production has commenced or the items have been purchased. The Client shall pay Branch Construction Group a 25% restocking fee in the event the job is cancelled because standard fittings have been ordered. The Client shall reimburse Branch Construction Group for all reasonable out-of- pocket mobilization expenses incurred by Branch Construction Group (Including travel and transportation costs for Branch Construction Group personnel to the job site and an hourly rate of$95.00 for each person mobilized by Branch Construction Group If Branch Construction Group has mobilized its personnel or agents in connection with the project. BRANCH CONSTRUCTION GROUP Project Proposal On certain occasions Branch Construction Group can return special or not normal size fittings. However, this will require 70% restocking fee if the job cancels or pipe size changes after fittings are ordered. Indemnification • BRANCH CONSTRUCTION GROUP (HEREAFTER"BCG") SHALL INDEMNIFY CLIENT FOR DAMAGES ARISING OUT OF THE PERFORMANCE OF WORK, BUT ONLY TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS, ERRORS OR OMMISSIONS OF BCG AND THE TOTAL LIABILITY TO CLIENT AND ANYONE CLAIMING BY, THROUGH, OR UNDER CLIENT FOR ANY COST, LOSS, LEGAL FEES, OR DAMAGES SHALL NOT EXCEED THE PERCENTAGE SHARE THAT BCG's NEGLIGENCE BEARS TO THE TOTAL NEGLIGENCE OF CLIENT, BCG,AND ALL OTHER NEGLIGENT ENTITIES AND INDIVIDUALS. • BY WAY OF FURTHER LIMITATION, BCG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER GROUNDED IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR CONTRACT, AND UNDER NO CIRCUMSTANCES WILL BCG's LIABILITY EXCEED THE PROJECT PROPOSAL PRICE CLIENT PAID BCG FOR THE GOODS OR SERVICES UPON WHICH LIABILITY IS CLAIMED. ANY ACTION FOR BREACH OF CONTRACT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. Accepted by: Company Name: _T T Signature: Name Printed. Date: