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Item 4EItem 4E M E M O R A N D U M (October 16, 2018) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Approve Change Order No. 2 with NG Painting, LP for the installation of diffuser structures, floor repairs and painting for the Pearson 5 MG Ground Storage Tank #1 and the T.W. King 5 MG Ground Storage Tank in an amount not to exceed $90,000. Action Requested: Approve Change Order No. 2 with NG Painting, LP for the installation of diffuser structures, floor repairs and painting for the Pearson 5 MG Ground Storage Tank #1 and the T.W. King 5 MG Ground Storage Tank in an amount not to exceed $90,000. Background Information: City Council awarded a construction contract with NG Painting, LP to refurbish and repaint the Pearson Ground Storage Tank #2 back in January of this year. During this project, as part of our annual tank inspection and cleaning efforts, we discovered damage to the floors of the Pearson 5 MG Ground Storage Tank #1 and the T.W. King 5 MG Ground Storage Tank. One of the methods staff utilizes to maintain the highest possible water quality is the deep cycling of our tanks, resulting in the accelerated deterioration of the tank floor directly beneath the intakes. In an effort to preserve the life of the floor coating and materials within the Pearson Ground Storage Tank #2, staff worked with our design consultant to develop a diffuser to decrease the water velocity, preventing the premature deterioration of the tank floors. This additional work was paid for from the construction contingency included in the original construction contract. In addition, while NG Painting was on site, we elected to have the roof hatch installed in Pearson Ground Storage Tank #2. This hatch was necessary for the installation of the tank mixer while the tank was out of service. Change Order No.1 was for the addition of a diffuser and hatch to Pearson Ground Storage Tank #2 and roof hatches for Pearson Ground Storage Tank #1 and the T.W. King Ground Storage Tank. NG Painting will be returning when peak water demand is less to install the hatches on the remaining two ground storage tanks. Item 4E The original construction contract amount awarded to NG Painting, LP was for $1,221,000 and Change Order No. 1 added $24,000 to the contract to install the roof hatches at Pearson Ground Storage Tank #1 and the T.W. King Ground Storage Tank which were funded from the tank mixer CIP project. Financial Considerations: Funding for the improvements to the Pearson Tanks has been allocated in the Utility Fund as part of the FY 2016 and FY 2018 Capital Improvement Program Budgets. Strategic Link: The addition of diffusers, floor repairs and painting of these facilities links to the City’s strategy map relative to the focus areas of Safety and Security and Infrastructure. The specific corporate objectives that are met by this construction project are to (C1) Achieve the highest standards of safety & security and (F2) Invest to provide & maintain high quality public assets. Citizen Input/ Board Review: N/A Legal Review: N/A Alternatives: The City Council may approve or deny this change order. Supporting Documents: Executed Construction Contract Change Order No. 2 Staff Recommendation: Approve Change Order No. 2 with NG Painting, LP for the installation of diffuser structures, floor repairs and painting for the Pearson 5 MG Ground Storage Tank #1 and the T.W. King 5 MG Ground Storage Tank in an amount not to exceed $90,000. Staff Contact: Rob Cohen, Director of Public Works Kyle D. Hogue, P.E., Deputy Director/City Engineer DIVISION 6 — CONSTRUCTION CONTRACT STATE OF TEXAS ❑ ❑ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT ❑ THIS CONTRACT is made and entered into on this the /& ie&y of J 4"ii 7��&9 by and between the City of Southlake, (hereinafter referred to as Owner) and Milu*M, ) Cp (hereinafter referred to as Contractor). In consideration of the mutual covenants hereinafter set fort_, the Owner and Contractor agree as follows: Article I. Work The Contractor shall perform all of the work as specified in the Contract Documents. The work is generally described as follows: The project consists of renovation and repainting, Pearson 5.0 MG Ground Storage Tank located 3200 W. Southlake 'Blvd Southlake, Texas 76092. The Contractor shall provide all labor, equipment, materials professional services, and incidentals required to prepare and paint the entire interior and or exterior of the Tank as shown on the drawings. Plans and Specifications prepared by: Deltatek Engineering. All extra work shall be performed as specified or indicated in the Contract Documents; and, at the Contractor's own cost and expense, the Contractor shall furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services as may be necessary in order to complete the construction, as described above and in accordance with the Contract Documents unless otherwise agreed to by the Owner. Article ll. Contract Documents The Contract Documents may only be altered, amended or modified as provided in the General Conditions. The Contract Documents consist of: this written agreement setting forth the work to bE performed; advertisement, if any; instructions to bidders, if any; proposal; addendum; specifications, including the general, special and technical conditions, provisions, plans, or working drawings; any supplemental changes or agreements pertaining to the work or materials therefore; bonds; the Standard Specifications for Public Works Construction published by the North Central Texas Council of Governments, as amended; and, any additional documents incorporated by reference. These form the Contract Documents and all are fully a part of the Contract as if attached to this agreement or repeated herein. Article III. Contract Time General Provisions Division 7 - Performance Bond The Contractor shall perform and complete all the items of work listed and referred to in the Contract Documents within 180 working days. Article IV. Contract Price The Owner shall pay the Contractor for completion of the work in accordance with the Contract Documents using current funds. Such payments shall be subject to the General and Special Conditions to the Contract, as contained in the Contract Documents. Article V. Miscellaneous Provisions The terms used in this Contract shall have the same meaning as designated in the General Provisions of the Standard Specifications for Public Works Construction, North Central Texas Council of Governments, as amended. The Contract Documents, which constitute the entire agreement between the Owner and Contractor, are listed in Article II. No assignment by either party hereto of any rights under or interests in the Contract Documents will be binding on the other party hereto without the written consent of the party sought to be bound. The Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives hereto to the covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the Owner and Contractor have executed this Contract in duplicate and on the date aforementioned. All portions of the Contract Documents have been signed or identified by the Owner and Contractor. CONTRAC7O By: Title: Printed Name: N-, OWNER: By: f Mayor Printed Name: ATTEST: fd � City Secretary rr� Printed Name: eAleol- 141V,4l 'Ca 'WS �+"itH0 General Provisions Division 7 - Performance Bond 3 DIVISION 7 — PERFORMANCE BOND 9 STATE OF TEXAS ❑ ❑ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT ❑ THAT,1i •�. i '[1 Y�L� f the City of ,Qav`kl 4 - � 5 a y , County of , State of Texas, (hereinafter referred to as Principal), and S0(4ZT-T----C Vhereinafter referred to as Surety), authorized under the laws of the State of Texas to act as Surety on bonds for Principals, are held and firmly bound unto City of Southlake (hereinafter referred to as Owner) in the penal sum of$.1� dn6 • C)C:) (not less than 100% of the approximate total amount of the contract as evidenced in the proposal) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns jointly and severally, by these presents: t WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 20`, to which said contract is hereby referred to and made a part j hereof and as fully and to the same extent as if copied at length herein. le NOW, THEREFORE, the condition of this obligation is such, that if the said Principal fully and faithfully executes the work and performance of the contract in accordance with the plans, specifications and contract documents, including any extensions thereof, and according to the true intent and meaning of said contract and the plans and specifications hereto annexed, then this obligation shall be void; otherwise, to remain in full force and effect. I i PROVIDED, HOWEVER, that this Bond is executed pursuant to the provisions of Article 5160 for t Public Work, as amended, and Article 53.201 of the Property Code, and all liabilities on this bond shall be i determined in accordance with provisions of said articles to the same extend as if they were fully copied at length herein. t Surety, for value received, stipulates and agrees that the bond shall automatically be increased by the amount of any change order or supplemental agreement which increases the contract price with or a without notice to the Surety and that no change, extension of time, alteration, or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time alteration, or addition to the terms of the contract or to the work to be performed thereunder. Surety agrees that the bond provide for the repairs and/or replacement of all defects due to faulty materials and workmanship that appears within a period of one (1) year from the date of completion and General Provisions Division 7-Performance Bond x g! 4 acceptance of the improvement by the Owner. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument on this the day of A64 20 PRiNCIPAI. Title: 1— Company: rati►1 €(1(h h r Address: n V.I� P c SURETY I Title: fl -Q t Company: �'CQC=` V`tSt5 Y1C� (Yl Address: i 8 I g8 l k { General Provisions Division 7-Performance Bond i i t DIVISION 8 —PAYMENT BOND STATE OF TEXAS ❑ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT ❑ THAT .G.'p�,+��. 1---� i of the City of — t County of r1fl� State of Texas, (hereinafter referred to as Principal), and_ i; (hereinafter referred to as Surety), authorized under the laws of the State of Texas to act as Surety on bonds for Principals, are held and firmly bound unto City of Southlake (hereinafter referred to as Owner) in the penal sum of$ (not less than 100% of the approximate total amount of the contract as evidenced in the proposal) for i the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, f executors, successors and assigns,jointly and severally, by these presents: t I z WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the I day of 2017, to which said contract is hereby referred to and made a part hereof and as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that the bond guarantees the full and proper protection of all claimants supplying labor and material in the prosecution of the work f provided for in said contract and for the use of each claimant, and that conversely should the Principal faithfully perform said contract and in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed to by the Principal, . k and according to the true intent and meaning of said contract and the claims and specifications hereto annexed, then this obligation shall be void; otherwise, to remain In full force and effect. PROVIDED, HOWEVER, that this Bond is executed pursuant to the provisions of Article 5160 of r the Revised Civil Statutes of Texas, as amended, and Article 53.201 of the Property Code, and all liabilities on this Bond shall be determined in accordance with the provisions of said articles to the same extent as if they were fully copied at length herein. r Surety, for value received, stipulates and agrees that the bond shall automatically be increased by the amount of any change order or supplemental agreement which increases the contract price with { or without notice to the Surety and that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work performed thereunder, or the plans, specifications or drawings F accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder. General Provisions Division 9-Maintenance Bond I IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument on this the _day of i/W 20 PRINCIPAL Title: 1 } . L Company: , Address: ;�. �] `T>CiVlf�Dr(:� 1 . SURETY t Company:' `SY1V�Ce CO`�`l� r� Address: z t U i? General Provisions Division 9- Maintenance Bond Q DIVISION 9 - MAINTENANCE BOND Bo� )C� 5Q�4 t� STATE OF TEXAS ❑ U KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT ❑ THATN.G.'pGA\ L-P as Principal, and�uCeTeC,'�tZSv B a corporation organized under the laws of the State of and authorized to do business in the State of Texas, as Sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Southlake ,the sum of enermtyibn+twolvj%&� ►�a dollars and 'Z-eg'D cents (one-hundred percent(100%)of final contract price) ($ for the payment of which sum well and truly to be made unto said .;n�tq _and its successors, said Principal and Sureties L f do hereby bind themselves, their assigns and successors, jointly and severally. This obligation is conditioned, 3 however, that, whereas said N.G-'QO�R ��� has this day entered into a written contract with ` said Owner, City of Southlake, to build and construct the following project; 4 RENOVATIONS AND REPAITING PEARSON PUMP STATION 5.0 MG EAST GROUND STORAGE TANK. ) r The project consists of renovation and repainting, Pearson 5.0 MG Ground Storage Tank located 3200 W. Southlake Blvd Southlake, Texas 76092. The Contractor shall provide all labor, equipment, materials professional services, and incidentals required to prepare and paint the entire interior and or exterior of the Tank as shown on the drawings. 4 Which contract and the plans and specifications therein mentioned and adopted by the Owner. City of Southlake r are hereby expressly made a part thereof as though the same were written and embodied herein. L Y 5 WHEREAS, under the specifications and contract, it is provided that the Contractor shall maintain and keep in good repair the work constructed and/or equipment furnished by him as contemplated by the plans, specification, drawings, etc., and perform for a period of two (2.0)years. The period shall be two(2.0)years from the date of final acceptance as shown on the Letter of Final Acceptance as issued by the Engineer. F Y The Contractor agrees to make all necessary repairs, reconstruction and renewal of any part of said i construction, and to furnish the labor and materials to make good and to repair any defective condition growing f out of or on account of the breakage or failure of any substance or the improper function of any part of the l constructed work. The Contractor shall reimburse the Owner for the costs of all Engineering and special services required to be furnished by the Owner which are directly attributable to the restoration of the constructed work. Said maintenance contemplates the complete restoration of the constructed work to a functional use during the E said period as set forth above. It is being understood that the purpose of this section is to require the correction of all defective conditions resulting from materials furnished or work and labor performed by said Contractor under the conditions prescribed by the Contract Document; and in case the said Contractor shall fall or refuse to perform k as provided within ton (10) days after proper written notifications have been furnished to him by the owner, it is agreed that the Owner may do said work and supply such materials and the said Contractor and Sureties herein shall be subject to the liquidated damages mentioned in said Contract for each calendar days failure on its part to f General Provisions Division 9-Maintenance Bond comply with the terms of the said provision of the said Contract and this Maintenance Bond. i NOW THEREFORE, if the said Contractor shall keep and perform its said agreement to maintain said work and keep the same in good repair for the said maintenance period as provided above, then these presents shall be null and void and have no further effect, but if default shall be made by the said Contractor in the performance of its contract to do so maintain and repair damages in these premises, as provided, and it is further understood and agreed that this obligation shall be a continuing one against the Principal and Sureties hereon, and that successive recoveries may be had hereon for successive breaches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any clause during said time. IN WITNESS WHEREOF,the said(Contractor) .G, P0.:xi-n Le has caused by these presents to be executed by(name of Contractor's authorized signer) and the said (name of caused these presents to be executed by its attorney-in-fact or official VS)0. .� nd the said attorney-in-fact or official fiS�; ! 1C3� ias t hereto set his hand this _day of ,' ,20A. i PRtNCIP �— ATTEST: Name: - S Title: Title: Y -tits Ley -tk Cq ✓ r Company: IY}heok !_? Company: CUMN Address: t a � p SURETY_y ATTEST game: Title:l't'-1'rtxm Title: II Company:S\34c' � SoxrL4nte Cu Company: G . t Addressn � { _ f LSV NOTE: 1. Power of Attorney must be attached. 2. The Maintenance Bond effective date will begin when the final Letter of Acceptance is issued by the City, General Provisions Division 9-Maintenance Bond Project:Refurbishing and Repainting of Pearson Ground Storage Tank #2 Owner:City of Southlake Contract:Contract Date: To:NG Painting, LP Contractor Nature of changes: Addition of diffusers to Pearson #1 and T.W. King Item Qty Unit Unit Price Total 4. ADD 1 LS 41,000.00$ 41,000.00$ 5. ADD 1 LS 41,000.00$ 41,000.00$ Total Change Order:82,000.00$ These changes result in the following adjustment of contract price and contract time: Contract Price Prior to this Change Order Net Increase Resulting from this Change Order Current Contract Price Including this Change Order The above changes are approved: By: Title: Date: City of Southlake City Mayor Install inlet diffuser System at T.W. King Ground Storage Tank including floor repair by surface preparation and repainting of 20'X20' area CHANGE ORDER No. 2 Date: October 16, 2018 $1,221,000.00 You are directed to make the changes noted below in the subject contract for the dollar amount stated below including all labor, equipment, materials, overhead, and profit: $1,245,000.00 $82,000.00 January 16, 2018 Install inlet diffuser System at Pearson Tank #1 including floor repair by surface preparation and repainting of 20'X20' area $1,327,000.00 Description 1 of 2 Change Order No. 2 Contract Time Prior to this Change Net Increase Resulting from this Change Order Current Contract Time Including this Change Order The above changes are recommended: By: Title: Date: City By: By: Title: City Engineer Title: Date:Date: Contractor By: Date: Director of Public Works (Days or Date) City of Southlake City Project Manager City of Southlake City City of Southlake December 1, 2018 (Days) 30 calendar days (Days or Date) 180 calendar days 2 of 2 i NG PAINTING, LP 1225 Bandera Hwy. Ste. A2,Kerrville,TX 78028 P. (830) 257-5940 E (830) 792-4968 i i RFP-Pearson and TW King GST Inlet Diffuser-Southlake,TX i NG Painting proposes to install the inlet diffuser on the Pearson West GST and TW King GST for$41,©00 each. This will include a secondary mobilization and all materials, labor, bonds and insurance. There will be significant welding, crane rental, and remedial abrasive blasting and coating. This will also include coating repair to a 20' by 20' area on the floor of the tank below the newly installed diffuser on each tank. The total price for both diffusers and floor repairs is$82,000.00. j i I George Gramatikakis i General Manager 10-8-18 i I