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Ordinance No. 12,926ORDINANCE NO. 12, 926 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH LEM CONSTRUCTION CO., INC., FOR THE CDBG NON - HOUSING CENTRAL DISTRICT WASTEWATER TREATMENT PLANT FLOOD IMPROVEMENTS PROJECT; AUTHORIZING CHANGE ORDER NO. 1 WITH LEM CONSTRUCTION CO., INC, FOR SAID PROJECT AUTHORIZING PAYMENT OF A SUM OF SIXTEEN MILLION ONE HUNDRED EIGHTY THOUSAND SEVEN HUNDRED AND NO /100 DOLLARS ($16,180,700.00); AUTHORIZING MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** WHEREAS, the City Council of the City of Baytown did advertise for bids for the CDBG Non - Housing Central District Wastewater Treatment Plant Flood Improvements Project to be received on February 24, 2015; and WHEREAS, notice to bidders as to the time and place, when and where the bids would be publicly opened and read aloud was published pursuant to provisions of Texas Local Government Code Annotated § 252.041; and WHEREAS, all bids were opened and publicly read at City Hall at 2:00 o'clock p.m., Tuesday, February 24, 2015, as per published notice to bidders; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That subject to the Change Order authorized in Section 2 hereof, the City Council of the City of Baytown hereby accepts the bid of LEM Construction Co., Inc., for the CDBG Non - Housing Central District Wastewater Treatment Plant Flood Improvements Project according to the plans and specifications set forth by the City's engineer, and the City Manager and the City Clerk of the City are hereby authorized and directed to execute and attest to a contract with LEM Construction Co., Inc., for the above - described project, said contract containing the plans, specifications, and requirements of the City's engineer and appropriate bond requirements in accordance with the provisions of Texas Government Code, Chapter 2253. Section 2: That the City Council does hereby authorize Change Order No. 1 with LEM Construction Co., Inc., for the CDBG Non - Housing Central District Wastewater Treatment Plant Flood Improvements Project. A copy of said change order is attached hereto, marked Exhibit "A" and made a part hereof for all intents and purposes. Section 3: That the City Council hereby authorizes payment of an amount not to exceed SIXTEEN MILLION ONE HUNDRED EIGHTY THOUSAND SEVEN HUNDRED AND NO /100 DOLLARS ($16,180,700.00) based upon the unit prices specified in the bid together with the additions and reductions in Change Order No. 1 authorized in Section 2 hereof. Section 4: That pursuant to the provisions of Texas Local Government Code Annotated § 252.048, the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND N01100 DOLLARS ($50,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty -five percent (25 %) or decreased by more than twenty -five percent (25 %) without the consent of the contractor to such decrease. Section 5: This ordinance shall take effect immediately from and City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the Baytown this the 13`h day of August, 2015. r 4 ST: ETICIA "BRYSCH, o APPROVED AS TO FORM: S passage by the Council of the City of Mayor R:Xareo•.Files +.City CounciLOrdinances\2015Wugust 13W wardCDBGNon- HousingCentralDistrictWastewaterTreatmentP lant FloodlmprovementsProject.doc 2 oc � y1' passage by the Council of the City of Mayor R:Xareo•.Files +.City CounciLOrdinances\2015Wugust 13W wardCDBGNon- HousingCentralDistrictWastewaterTreatmentP lant FloodlmprovementsProject.doc 2 Exhibit "A" Texas General Land Office Disaster Recovery Construction Contract Change Order Request Form Engineer Owner (Contractor Locality): Contractor: KIT Professionals. Inc City of Baytown LEI-I Construction Company, Inc 2000 VV Sam Houston Pkwy S 2401 Market Street 10849 Kinghursl Suite 1400 Baytown Texas 77522 Suite 150 Houston Texas 77042 Phone No.:(281) 420 -5311 Houston, Texas 77099 Phone No.:(713) 783 -8700 Agreement Date: Phone No.:(281) 495 -9550 Date: July 30, 2015 Contract For (Project Description): GLO Contract No. Project Code No.: Central District Wastewater Treatment Plant Flood Improvements Project Bid Package No.:1 Change Order No.: 1 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 1 Delete Extra Unit Price Bid Items No 2 through No $321,675 - 30 as noted in Section 2.0 of the Bid Form and Section 01 -22 -13 Measurement and Payment 2 Reduce Allowance No. 1 for Laboratory Appliances. $235.000 as noted in Section 3.0 of the Bid Form and Section 01 21 00 Allowances, from $250,000 to $15,000 3 Delete Allowance No. 2 as noted in Section 3.0 of the $500,000 Bid Form and Section 01 21 00 Allowances Delete Add Alternative No. 1 for No. 41 Texas Avenue $530,000 - 4 Lift Station Improvements as noted in Section 4.0 of the Bid Form and Section 01 -22 -13 Measurement and Payment 5 Delete Add Alternative No. 2A for No. 46 Country $390,000 Club Lift Station Improvements as noted in Section 4.0 of the Bid Form and Section 01 -22 -13 Measurement and Payment 6 Delete Add Alternative No 2B for Diesel Driven Pump $85,000 at No. 46 Country Club as noted in Section 4.0 of the Bid Form and Section 01 -22 -13 Measurement and Payment 7 Delete Add Alternative No. 3A for Rollingbrook Lift $290,000 - Station Improvements as noted in Section 4.0 of the Bid Form and Section 01 -22 -13 Measurement and Payment 8 Delete Add Alternative No 3B for Diesel Driven Pump $80,000 at Rollingbrook as noted in Section 4.0 of the Bid Form and Section 01 -22 -13 Measurement and Payment 9 Delete Add Alternative No. 4A for No. 73 Country $260,000 - Club Estates Lift Station Improvements as noted in Section 4.0 of the Bid Form and Section 01 -22 -13 Measurement and Payment 10 Delete Add Alternative No. 4B for Diesel Driven Pump $80.000 at No 73 Country Club Estates as noted in Section 4.0 of the Bid Form and Section 01 -22 -13 Measurement and Payment 11 Delete requirement for 6,000 pound capacity Freight $250.000 - Elevator at Administration Building, as specified in Section 14 21 00 MRL Freight Elevator, and replace it with pedestrian rated elevator and mechanism to remove blowers A $50,000 allowance for changes required for the mechanism to remove the blowers is included. 12 Change requirement for stairway on west end of $10,300 - Blower Building, as specified in Section 05 51 13 Metal Pan Stairs and detailed on Drawing AO -4 Typical Details, and change to a steel stairway, as specified in Section 05 51 00 Pre - Engineered Steel Stairs and detailed on drawing SO -2 Typical Details and change all tread nosing to checkered plate and handrail reinforcing to hollow tube. 13 Delete replacement of blower intake and discharge $38,000 - butterfly valves and discharge check valves 14 Delete motor operator on 10'x10' overhead door 100C $3,467 in Blower Building as specified in Section 08 33 23 Overhead Coiling Doors, Part 2.1.A.3 15 Delete clarifier scum collector and RAS trough $717,000 - modifications for Secondary Clarifier No, 1 and Secondary Clarifier No. 2, including scum beaches, scum baffle replacement, scum pump station and associated yard piping. 17 Delete protective coatings for concrete floors and $31,470 - trenches in the Disinfection Building as required in Table 09 91 00 B -3: Painting Schedule and specified Section 09 96 35 Concrete Toppings 18 Delete required for spark resistant and explosion $30,000 proof trolly /hoist in the Disinfection Building 19 Delete motorized operators on scrubber ductwork in $9,600 the Disinfection Building 20 Delete requirement for Unit Heaters UH -3, UH -4, UH- $11,000 - 5, UH -6, and UH -7 to be explosion proof as specified on Drawing HO -3 HVAC Schedule 21 Delete protective coatings for concrete floors in the $26,630 - Dewatering Building as required in Table 09 91 00 B- 3: Painting Schedule and specified Section 09 96 35 Concrete Toppings 22 Delete motor operators on overhead doors 100A and $6,933 - 100B in Dewatering Building as specified in Section 08 33 23 Overhead Coiling Doors, Part 2.1.A.3 23 Change material requirement of bar screen to allow $11,500 for Type 304 stainless steel in lieu of a Type 316 stainless steel with painted steel components, as specified in Section 46 21 11 Climber -Type Bar Screen. 24 Delete requirement for screening of influent $51,500 - wastewater during the bypass pumping operations 25 Delete grinder (GRD -1), PV -609, PV -610 and all $29,000 - associated electrical and instrumentation 26 Add penetration near the top of the sludge digester - $4,900 tanks and modify piping so that TSP -01 and TSP -02 discharge near the top of the tanks. 27 Change requirement for buried ductile iron pipe $7,800 - fittings as specified in Section 40 05 19 Ductile Iron Process Pipe from ANSI /AWWA C110 (full body) to ANSI /AWWA C153 (compact) 28 Change pipe material of PW, DR, NPW, and SAN $33,000 from ductile iron, as specified in Table 33 05 05 -A Buried Piping Schedule, to PVC 29 Change joint requirements of 48 -inch diameter CE $30,100 - pipe from restrained, as specified in Table 33 05 05 -A Buried Piping Schedule, to push -on joints 30 Delete requirement for PVC privacy slats in chain -link $8,600 - fencing and change requirement of gate operators to allow for '/2 horsepower motors, as specified in Section 32 31 00 Fencing 31 Change requirement for aboveground raceways to $92,300 - allow for the use of aluminurn raceways 32 Change 24 strand armored fiber optic cable $24,000 - requirement, as specified in Section 27 13 23 Communication Optical Fiber Backbone Cabling to 12 strand fiber optic cable 33 Delete VT SCADA software license for blower PLC $12,000 - control panel Change in Contract Price ACCEPTED- Change in Contract Time (Calendar Days) OWNER CONTRACTOR Original Contract Price $20,381,675.00 Original Contract Time 730 days Previous Change Order(s) Net Change From Previous No. N/A to No. N/A $0.00 Change Orders 0 days Contract Price Prior to Contract Time Prior to this Change Order $20,381,675.00 this Change Order 0 days Net Increase /Decrease of Net Increase /Decrease of this Change Order: ($4,200,975.00) this Change Order. 0 days Contract Price With all Contract Time With all Approved Change Orders: $16,180,700.00 Change Orders- 730 days Cumulative Percent Change in Contract Price ( +1 -): Grantee Contract End Date: -20.6% (mm /dd /yy) ! I Construction Contract Start Date: Construction Contract End Date (mm /dd /yy) / / (mm /dd /yy) I I 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. RECOMMENDE ENGINEER Date b'-4-1 APPROVED. ACCEPTED- By: Y By: OWNER CONTRACTOR Date, Date I,,;- I Lf I i JUSTIFICATION FOR CHANGE 1 Will this Change Order increase or decrease the number of beneficiaries? ❑ Increase ❑ Decrease CI 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 ❑ Increase O Decrease ❑ No Change 3 Effect on operation and maintenance costs ❑ Increase ❑ Decrease 1K No Change 4 Are all prices in the change order dependent upon unit prices found in the original bid? ❑ Yes EJ No If "No ", explain The changes are negotiated cost reductions based on scope changes 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? ❑ Yes 0 No If "Yes ", is an Environmental Re- assessment required? 6. Is the Texas Commission on Environmental Quality (TCEQ) clearance still valid? (if applicable) Fx1 Yes ❑ No 7. Is the TCEQ permit approval still valid? (sewer projects only) O Yes ❑ No 8. Are the handicapped access requirements /approval still valid? (if applicable) 0 Yes ❑ No 9. Are other Disaster Recovery contractual special condition clearance still valid? O Yes ❑ No (If no, specify) NOTE: * Generally, a cumulative change In the contract price in excess of 25% cannot be reviewed (18% decrease for counties).