11-APPROVE CHANGE ORDER NO 5 AND CLOSE CONTRACT WITH BOBBY SMALLWOODSubmittal Date:
09-12-2012
Council Date:
09-24-2012
CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Originating Department:
Engineering, Planning &
Development
RECOMMENDED MOTION:
Presented By:
Shawn Napier, P.E. Director of
Engineering, Planning &
Agenda Item No.:
11.
Approve Change Order No. 5 and close the contract with Bobby Smallwood Construction Co. Inc., for
the Clarksville Street Sidewalk Project; authorizing the City Manager to negotiate and execute all
necessarv documents.
POLICY ISSUE�S�:
Contract
BACKGROUND:
The Original bid amount was $237,006.62 and change order #1 was a deduction of $17,479.25. That
made the contract amount $219,527.37. Change order #2 will be a deduction of $407.99 and add seven
days to the construction time. Change order # 3 added $12,437.00 to the contract and added 14
additional days to the contract time. The new contract amount was $231,556.38. Change order #4
added an additional $3,228.72 and no additional contract time. The brought the contract amount to
$234,785.10.
Change Order #5 will be a deduction of $2,047.50 and proposes to add 24 days to the contract. The
final contract amount will be $232,737.60. The reason for the deduction is because work can't be
completed by Bobby Smallwood Construction until Oncor and Hargis Electric completes the transfer of
all the electrical services from overhead to underground. Power poles remain in place that will need to
be pulled after the electrical work is complete. This means there will be some additional cost to place
concrete sidewalk after the electrical work is complete.
BOARD�COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution and Change Order #5
ACTION:
❑ Financial Report
❑ Department Report
❑ Presentation
❑ Public Hearing
FisCAL NoTES:
City of Paris
❑ Minute Order
� Resolution
❑ Ordinance
❑ Other
BUDGET INFO:
Expense $232,737.60
Budgeted Amt. $190,000.00
YTD Actual $129,561.45
Acct. Name � Downtown Sidewalk
Acct. Number 25-0351-40-00
.. . � �
Revised 2/04/08
RESOLUTION NO.
A RESOLUTION OF THE CITY COUIVCIL OF THE CITY OF PARIS, TEXAS,
APPROVING CHANGE ORDER NO. FIVE TO THE CONTRACT BETWEEN
BOBBY SMALLWOOD CONSTRUCTION CO., INC. AND THE CITY OF PARIS,
TEXAS IN THE AMOUIVT OF TWO HUNDRED THIRTY SEVEN THOUSAND
SIX DOLLARS AND 62/100 ($237,006.62) FOR CLARKSVILLE STREET
DOWNTOWN SIDEWALK PROJECT; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, on March 12 2012, the City Council of the City of Paris, Texas passed
Resolution No. 2012-024, awarding the contract for the Clarksville Street Downtown
Sidewalk Project to Bobby Smallwood Construction Co., Inc. of Paris, Texas in the amount of
Two Hundred Thirty Seven Thousand Six Dollars and 62/100 ($237,006.62); and,
WHEREAS, on March 26, 2012, the City Council approved Change Order No. One to
the contract for said project based on the actual materials to be used, and providing for a
net decrease amount of $17,479.25 in the contract price, for a revised contract price of
$219,527.37, the contract time was not increased. The date for completion of all work
was to be June 26, 2012; and,
WHEREAS, on June 11, 2012, the City Council approve Change Orders No. Two and
Three which amended the total contract cost to $231,556.38 and revised the completion
date to August 13, 2012; and,
WHEREAS, on August 3, 2012 the City Manager approved Change Order No. Four
adding an additional $3,228.72 and no additional contract time for a revised contract price
of $234,785.10; and,
WHEREAS, the City Engineer, Shawn Napier, acting as project engineer,
recommends that the City Council approve Change Order No. Five attached hereto as
Exhibit "A", which will be a deduction of $2,047.50 and proposes to add 24 days to the
contract. The final contract amount will be $234,737.60. The deduction is due to delay
in Oncor and Hargis not completing the transfer of all electrical services from overhead to
underground, which would allow Bobby Smallwood Construction to complete the project
as originally planned. Power poles remain in place that will need to be pulled after the
electrical work is complete. There will be some additional cost to place concrete
sidewalk after the electrical work is complete.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble of this resolution are hereby
in all things approved.
�� ��
Section 2. That Change Order No. Five to the Contract between Bobby Smallwood
Construction Co., Inc. and the City of Paris, Texas for the Clarksville Street Downtown
Sidewalk Project, attached hereto as Exhibit "A", providing for an amended total contract
price of $234,737.60, and a revised project completion date of September 6, 2012, the same
is hereby approved.
Section 3. That the City Manager be, and he is hereby, authorized and directed to
execute, on behalf of the City of Paris, Change Order No. 5 and any other documents
necessary to complete the Project and close out the contract.
Section 4. That this resolution shall be effective immediately upon passage.
PASSED AND APPROVED this 24th day of September, 2012.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
a��
A.J. Hashmi, M.D., Mayor
505
Texas Department of Agriculture
Construction Contract Change Order
�W�@f (Contractor Locality): CO�tI'8Ct FOf (project description): R@91011 5
City of Paris RE-BID Downtown Sidewalk
P.O. Box 9037 Replacement — Clarksville St. TxCDBG Contract No.
Paris, TX 75461 710222
Project Location: Paris, Texas Change Order No. 5 and
Final
Contractor: Engineer:
Bobby Smallwood Construction Hayter Engineering, Inc.
1795 NE 17"' 4445 SE Loop 286
Paris, TX 75460 Paris, TX 75460
Owner is requesting TDA review to determine eligibility of change order expenses.
Chans�es to Existina Line Items {Items fram original bid or added in previous change
order onl
Item Item Description Current Unit Unit Price Change in Change in
No. Quanti Quantit +/_ Contract Price
3 New sidewalk 6054 SF 8.75 (164) (�,435.00)
19 Flagpole inserts 26 EA 87.50 (5) (437.50)
A2 New sidewalk 331 SF 8.75 (20) (175.00)
New Items Reauested (Items without a unit price in the original bid)
Provide Explanation (attach separate documentation if necessary):
Item Item Description Unit Unit Price Change in Change in
No. Quanti +/- Contract Price
Chanqe in Contract Price Chans�e in Contract Time
Original Contract Price: $237,006.62 Original Contract Time: 105 days
Previous Change Order(s) Net Change From Previous
No. 1 to No. 4 $2,221.52 Chan e Orders 21 da s
Contract Price Prior to Contract Time Prior to
this Chan e Order $234,785.10 this Chan e Order 126 da s
Net Decrease of Net Increase/Decrease of
this Chan e Order $2 047.50 this Chan e Order 24 da s
Contract Price With all Contract Time With all
A roved Chan e Orders $232,i37.60 A roved Chan e 150 da s
Cumulative % Change in Contract Price: 1.80%
%
Notice: ' Generally, a cumulative change in the contract price in excess of 25% cannot be approved.
` Reimbursement of costs submitted in this change order are subject to approval by the Department.
See TxCDBG Project Implementation Manual Section 5.2.5.
i' r�
`XHIBIT �
��
Re ion: 5 TxCDBG Contract No.: 710222
Grant Recipient: City of Paris Change Order No. Five (5) and Final
JUSTIFICATION FOR CHANGE Increase Decrease _. No
1. Effect of this change on scope of work:
2. Effect on operation and maintenance costs:
3. Will this Change Order change the number of beneficiaries or
TxCDBG contract Performance Statement?
If yes, please attach Performance Statement modification request.
4. Has this change created new circumstances or environmental
conditions which may affect the projecYs impact, such as concealed or
unexpected conditions discovered during actual construction?
If "Yes", is an Environmental Re-assessment required?
5. Is the TCEQ clearance still valid?
6. Are other TxCDBG contractual special condition clearance still
valid? (If no, specify):
7. If new items are included that were not included in the competitive
bid, have the prices been determined to be reasonable?
APPROVED by Grant Recipient (Required):
By: � ��..-_
ENGINEER (Authori
Date: °t-1•l�l--
To receive an email
Admin
of the TDA res onsE
Name
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Date: 7/�J 5'/�
� information below:
Email address
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2012 TxCDBG Pr�ct Implementation Manual SECTION A- Chapter 5 Procurement Procedures 2
- 61