CITY OF BRAZORIA AGENDA October 21,2024 5:30 p.m.  NOTICE IS HEREBY GIVEN the City Council oft the City of Brazoria will conduct a Special Meeting at 5:30 p.m. on Monday, October 21,2024, located at City Hall, 201 S. Main, Brazoria, Texas 77422 at which  time the following subjects will be discussed, to-witt:  A. Call to Order Special Meeting.  B. C.  Consideration/Action to approve Change Order #1 for the GLO CDBG-MIT Wastewater Treatment Consideration/Action to approve payment application #4 to Matula and Matula in the amount of  Plant Rehabilitation GLO Contract No. 22-082-015-D217 $157,440.00 for the. ARPA Water Plant Improvements Project  D. Adjourn Special Meeting  2  I, the undersigned authority, do hereby certify that the above Notice ofmeeting oft the governing body oft the City of Brazoria, Texas was posted in a convenient and readily accessible area open to the general public at all times, and said Notice was posted on October 18, 2024 by 5:00 p.m. and remained posted continuously for at least 721 hours preceding the Person with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons whoare deaf or hearing impaired, readers, large print or Braille are: requested to contact Clissa Mills, at (979)  scheduled time ofs said meeting.  798-2489 five (5) working days prior to the meeting so the appropriate arrangements can be made.  Dated the 1gth day of October 2024 Ahooaue Clissa Mills, City Secretary  GE)  oria, Teka    Strand Associates, Inc.o  1906 Niebuhr Street Brenham,TX77833 (P)979.836.7937 www.strand.com  STRAND ASSOCIATES Excellenco m Engineering"  September 18, 2024 Ms. Cindy Metro, Project Manager GrantWorks, Inc. 2201 Northland Drive Austin, TX78756  Re: Justification Letter-Change Order No. 1 GLO Contract No. 22-082-015-D217 Contract 2-2023 City of Brazoria, Texas (City)  GLO CDBG-MIT Wastewater Treatment. Plant Rehabilitation  Dear Cindy, project.  Thej purpose ofthis letteri ist toj provide justification fort the enclosed change order fort the above-referenced This project's Bid price exceeded the original construction funds received from the General Land Office. The City awarded the Contract and only included the scope it deemed necessary toi improve the operation and functions of the wastewater treatment plant. As a further means of reducing the Contract price, discussions were held with City, Strand Associates, Inc.8 (Engineer), and Matula & Matula Construction, Inc. (Contractor) to determine the items and materials that were believed to be more expensive, difficult to obtain, or easier to install, which were reviewed and approved to be equivalent to the item originally specified in the Bid document. The cost of the item and material substitutions To reiterate, these changes are believed to equivalent with no change to the original beneficiaries or  discussed results in a $100,000 deduction to the construction Contract price.  outcome of the project.  Please call 979-836-7937 should youl have any questions.  Sincerely,  STRAND. ASSOCIATES, INC.B Mh Anhh Mark A. Rudolph, P.E. Enclosure  clenc: David Kocurek, City Manager, City of Brazoria  TBPEI No. F-8405 TBPLSI No. 10030000  LGAMRCAESAKDADAAXSMANCSNapoamipoene ChangeOrderNo. -lustifisminlete.oc  Arizona Illinois - Indiana lowa Kentucky Ohio Tennessee Texas Wisconsin    COMMUNITY! DEVELOPMENT &F REVITALIZATION The Texas General Land Office Construction Change Order Request  NOTE: Texas Local Government Code Sec. 262.031 CHANGES INF PLANSA AND: SPECIFICATIONS" regulations apply. Generally,ac cumulative increase in  thec contract pricei ine excess of 25% or ac cumulative decrease ine excess of 18% are disallowed. Engineer Name Address & Phone Number: Subrecipient Name, Address, & Phonel Number:  Subrecipient:  City ofE Brazoria, Texas Mark A. Rudolph, P.E. Strand Associates, Inc.e 1906N Niebuhr Street Brenham, TX77833 979-836-7937 4260.023  GLO Contract Number:  22-082-015-D217  Date: October 2, 2024 Contractor Name, Address &F Phonel Number: Glenn Byrd, Project Manager Matula & Matula Construction, Inc. 122) West Way, Suite 325 Lake. Jackson, TX77566 979-480-0030 WWTPF Rehabilitation  David Kocurek, City Manager Cityo ofE Brazoria 201 South Main Street Brazoria, TX77422 979-798-2489  Project #: Contract Origination Date:  BidF Package #: June 13, 2024  2-2023 Project Description:  Change Ordert #:  You are herebyr requested1 to comply with thet following changesf from the contract plans and specifications.  Item No. Description of Changes: Quantities, Units, Unit Prices, Changei in Completion Schedule Decrease in Contract Price Increase in Contract  etc.  Price  Material Change for all Underground Conduit-All underground conduit leading tot the 85 electrical controlp panelsv will bes substituted with Schedule: 80p polyvinyl chloride. Burial tape will be used ona all underground conduit runsi int the: substitution ofo concrete Material Change for allE Exposed Aboveground Conduit-The exposed conduit alongt the 86 bridges oft the oxidation ditch, clarifiers, and handrails willl be substituted with rigid 84 Material Changet for Select Lighting Fixtures-There willa also bea as substitution of specified lightingf fixtures with an alternative model. Material Change forE Electrical Racks and Canopies-The electrical equipment rack 17 canopy and drill, pierst fort the aerators will bes substituted withg galvanized steel posts and an aluminum canopy mountedt tot the oxidation ditch wall.  ($30,000.00) ($30,000.00) ($30,000.00) ($10,000.00)  encasement. aluminum.  Sees sheet: 2toa adda additional entries  Change in Construction Contract Price  Change in Contract Time (Calendar Days) Original Contract1 Time in Days:  Original Contract Price: Cumulative Previous Change Order(s)1 Total: Contract Price Prior tot this Change Order:_ Net Increase/Decrease of this Change Order:L  $3,769,700.00 $0.00 $100,000.00) $3,669,700.00  500 Days ODays 500 Days ODays  Net Change from Previous Change Order(s) in Days Contract" Time Prior tot this Change Order int Days Net! Increase/Decrease oft this Change Order in Days:  Effective. June 2020  Page 1of3    COMMUNIYDEVELOPMENT & REVITALIZATION The Texas General Land Office Construction Change Order Request  Contract Price with AIl Approved Change Orders: Cumulative Percent Changei in Contract Price! (+/-1L Construction Contract Start Date:  Contract Time with AIIA Approved Change Ordersi in  ($100,000.00) (2.65%) June: 13, 2024  Days:  500 Days  Subrecipient Contract End Date: Construction Contract End Date:  October: 26, 2025  Reimbursements ofc costsi included int this change ordera ares subject tor review! by GLO-CDR. amendment warrantedi asar resulto oft this change orderl Is not inc compliance with CDBGO orh HUDI Requiremements  *This document mayl be executed prior tos submissioni for GLO-CDR revlew, buts all parties Involved will bel heldr responsible Ifthec change order or  Mmh - uln  Subrecipient Signature Philip Ray, Mayor Subrecipient Nam and7 Title (Printed) Subrecipient Date  Engineer Signature MarkA. Rudolph,P.E. Engineer Name and1 Title (Printed) 10/15/24 Engineer Date  Contractor Signature Glenn Byrd, Project Manager Contractor Name and Title (Printed) Contractor Date  Justification for Change Order.  1.V Willt this change orderi increase or decrease the number of beneficiaries? Ifthere isac change, how many beneficiaries willl be affected? 2. Effect oft this change ont thes scope ofv work: 3. Effect on operation andr maintenance costs:  Increasl] Decrease E No Change Increasl Decrease D No Change Increasl Decrease B No Change Yes E No  Total  LMI  4.Area allp pricesi int the change order dependent upon unit prices found int the original bid?  If"no", explain: efficacy oft thef final product.  Thesec changes are beingr madet tou uset thee equivalent, but cheaper and more readilya available options. The adjustments are beingr madet to decrease the construction cost an ap project several hundred thousand dollars greater thani the allotted General Land Office grant amount. There is no decreasei int the  5. Has the change created new circumstances ore environmental conditions which may affect the project's impact, such as çoncealed or unexpected conditions discovered duringa actual construction?  a Yes D No  If'yes", Isa an environmental assessment required?  Effective. June: 2020  Page 2of3    COMMUNTYDEVELOPMENT & REVITALIZATION Thel Texas General Land Office Construction Change Order Request  6.1 Is the Texas Council on Environmental Quality (TCEQ) clearance still valid (if applicable)? 7.Ist the CCN permit still valid? (sewer projects only) 8.A Aret the disability access requrements/approval. still valid (ifa applicable)? 9.A Are other Disaster Recovery contractural: special condition clearances still valid?   Yes D No Yes D No Yes D No Yes D No  If"no", explain:  Disclaimer: Thel Texas General Land Office hast madee everye effort toe ensure thei information contained ont thisf formi is accurate andi in compliance witht ther most up-t to-date CDBG-DR and/or CDBG- MIT federal rules andr regulations, aso applicable. Itshould be noted that the7 Texas General Land Office ossumes no liabilityo or responsibility forc anye error ord omission on this formt that may resultf fromt thei interim periodb betweent thep publicotion ofa amended and/or revised federal rules andi regulations andt the Texas Generall Land Office's standard  review andu updates schedule.  Effective. June 2020  Page 3of3    SUMMARY SHEET (Use with AP2 orA AP3)  APPLICATIONI FORF PAYMENT  OWNER: City of Brazoria, Texas CONTRACTOR: Matula & Matula Construction, Inc. FORI PERIOD ENDING: 9/30/24 PAYMENT APPLICATIONI NO.: 4 CONTRACT AMOUNT ORIGINAL CONTRAÇT AMOUNT PLUS: ADDITIONS TO CONTRACT LESS: DEDUCTIONS FROM CONTRACT ADJUSTED CONTRACT AMOUNT TODATE WORK PERFORMED COST OF WORK COMPLETED PLUS MATERIALS STORED (ATTACH SCHEDULE) NET AMOUNT EARNED TO DATE LESS AMOUNT OF RETAINAGE SUBTOTAL LESS PREVIOUS PAYMENTS AMOUNT DUE THIS APPLICATION  PROJECT: Brazoria ARPA Water Plant Improvements PAYMENT APPLICATION DATE: 9/30/24  CONTRACT: 1-2023  $820,000.00 $0 $0 $820.000.00 $425,954.00 $0 $425,954.00 $42.595.40 $383.358.60 $225.918.00 $157.440.60  CONTRACTORS Certification:  The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract have been applied on account to discharge CONTRACTORS legitimate obligations inçurred in connection with Work covered by prior Applications for Payment; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time ofp payment free and clear ofLiens, security interests and encumbrances (except such as are covered by al Bonda acceptable to OWNER indemnifying OWNER against any such Liens, security interest ofe encumbrances); and (3) all Work covered byt this Application for Payment  is in accordance with the Contract Documents andi is not defective.  Required lien waivers attached. Dated September 30. 2024  Matula & Matula Construction. Inc. CONTRACTOR (Althorized Signature) (Print Name)  VALLORI PELTIER Notary ID #7540672 My Commission! Expires December 10, 2025  By AHHL By DeliayEmala day of Sapmbu a2 alulin (Notary Publici in andf for the State of Texas)  Swom to and subscribed before me on the 30  2024  Payment of the above AMOUNT DUE THIS APPLICATION Payment oft the above AMOUNT DUE THIS APPLICATION  is approved! by Dated By By  isr recommended by Dated 10/08/24 By  STRAND ASSOCIATES, INC.O  ghbmd (Authorized Signture) (Print Name)  (Authorized Signature-OWNER) (Print Name)  By LseeAnbrspenk  S12024 JOBS1224131 BRAZORIAA ARPAI  STRAND ASSOCIATES, INCO. 12/20  AP5    Matula & Matula Construction, Inc. 122 West Way, Ste 325 Lake. Jackson, TX 77566  Invoice Invoice # 2011-3193  Date 9/30/2024  Bill To City of Brazoria 201 S. Main Street Brazoria, TX 77422  P.O.No.  Terms Due oni receipt Rate 2,300.00 19,578.86212 23,052.00 2,000.00 28,000.00 141,000.00 26,680.00 -10.00%  Project 22413ARPA WP Amount 1,000.00 1,934.00 10,000.00 2,000.00 14,000.00 141,000.00 5,000.00 174,934.00 -17,493.40  Description  Qty 0.43478 0.09878 0.4338 0.5 1 0.18741  Unit  Remove existing fence asi needed Piping, valves, fittings & acc. Install underground piping & valves Install fire hydrant & valve Form & pour booster: foundation Manufacturing is 50% complete (EFI) Install Underground Conduit Subtotal Less Retainage  Thank youf for your business.  Total  $157,440.60 $0.00 $157,440.60  Payments/Credits Balance Due    APPLICATION. AND CERTIFICATION FORI PAYMENT  Document G702 ApplicationNo: Periodto: 9/30/24 Startd date: Architect ProjectNo. ContractDate: 1.OrghaiBidHem: Sum 2.Net Changeb by Changeo orders Sumt todato Complete date onG703 5.Retainage: $425,954.00 work( D&EO onG703) 10%0f ColumnF G703) Total Rotainage( (ine5o* 5bor TeuihCelmnldlons) 6.Total EarnedL Less Retalnage (Lne4less Une5total) 7.LessP Provious for Peyments (ne6from Pfor Certificate) 8.CurentPayment! Due 9.Balanceto Finish, PlusR Retainage Stateof Countyaf ands swom tobefore mot this Notary Public: MyC Commissione expires: By: Thiscertificstela Contractor undert this Contract.  Pagaiof2 pages Distributionto: Owner: CiyofBrazoria Archtect:s SirandA Associates Inc. Contracior: Matulen Matula inc.  To(Ownerk City ofBrazoria From( (Contractor) Matula &1 Matula Construction, Inc. ContractFor: General Constructions Services Design Build Contractor's Application for Payment thortrad DatApp proved Authorizaiont rotzason2 rizstion4 DaleAp  Project: Brazoria ARPAV Water Planth Improvements ViaA Architect: Strand & Assoclates Inc.  AIAD G7031s $820,000.00 $0.00 $820,000.00 $425.954.00 $42,595.40 $0.00 $42,595.40 $383,358.60 $225,918.00 $157,440.60 $210,723.40  Description  Addkions $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 50.00 $0.00 $0.00  oved Totals  dmabychamyonan which previous currentpayments shownh herein Isr nowo due. Contractor: Matula & Matula Construction, Inc. Sot ARCHITECTS CERTIFICATE! FORF PAYMENT ofthe AMOUNT CERTIFIED  Totald Changec Ordoro >  Theu undersigned Contractor certifiest thattot thet besto ofthe Contractor's knowledgei information andt thek bellef he Work cveredb byt thisa application for Payment hast been completeli ina accordance witht the Contract Documents, that alla amounts! havet been paid byt thec Contractor for Workf for  forF Paymentv werel Issueda andp payments recieivedf fromt theo Owner, that  Dayof  Date: 9/30/24  Ina accordancev witht the Contract Documents,! basedo ond on-sito observationa andt the data comprisingt thea above application, thoA Architacto certiflest tot thec Owmer thattot thel besto ofthe Architect's! knowledge, information andb belieft thev Workh hasp progresseda ani indicated, thec qualityo of thev Workisi ina accordancev witht the ContractD Documents, andt the Contractoris ise entitled top payment  Date:_ TheA  lsnotnegotiable. AMOUNTO CERTIFIEDIsp psyableontybothe contractorr namedherein. issuance, paymenta and accaptancee ofpaymenta arewithoutp prejudoicetoa anyr rights oftheo owneror    CONTINUATION SHEET Document G702/ APPLICATION/ ANDO CERTIFICATIONT FORF PAYMENT, containing, Contractor's Signed, Certificationi is attached InT Tabulations! below, amounts ares statedt tot then nearesto dollar. Use Column1 1on Contracts where variabler retainaget forli linei items maya apply  Document G703  PAGE 2_OF 2 PAGES September 30, 2024 September 30, 2024 224-13 TOFINISH (C-G)  APPLICATION) NUMBER: APPLICATION DATE: PERIOD1 TO: M&M PROJECTNO:  A Line No.  D APPLICATION (D+E) $3,000.00 $0.00 $0.00 $0.00 $18,000.00 $0.00 $24,650.00 $0.00 $1,000.00 $0.00 $0.00 $39,370.00 $1,934.00 $11,000.00 $10,000.00 $0.00 $0.00 $0.00 $2,000.00 $14,000.00 $14,000.00 $141,000.00 s0.00 $141,000.00 $0.00 $o.00  DESCRIPTIONT OFWORK  SCHEDULED  WORK COMPLETED MATERIAL TOTAL PERCENT BALANCE  Retainer amounts  VALUE FROM PREVIOUS THIS PERIOD PRESENTLY COMPLETED (G/C)  STORED AND STORED (NOTIN TODATE DORE) (D+E+F+) $0.00  Bid Item No.1 1 Mobilization, bonds &1 Insurance Mobilization Demobilization Bonds8 &1 Insurance Demolition Break Remove andHaulc outT Tankr ring8 &pad Remove Existing Fence asr needed Remover misc. pipinge existing as needed Pipinga &Valves Piping, valves, Filtings8 S Acc. (Material only) Install UndergroundF Piping&y Valves Misc. Aboves ground conn., guages Taps etc. Install Firel Hydrant &Valve Booster Station Foundation Form &Pour Booster Foundation Booster Pumps StationPackaged: Skid) Submittal Appr. &M Manufacuring Commencement EFI) Manufacturinglss 50% Complete (EFI) Manufacturing Completion &E Building Delivery (EFI) $141,000.00 Start-upT Training &08MN Manuals (EFI)  $3,000.00 $3,000.00 $18,000.00 $24,650.00 $2,300.00 $2,000.00 $49,950.00 $23,052.00 $8,000.00 $2,000.00 $28,000.00 $141,000.00 $141,000.00 $140,768.00  $0.00 $3,000.00 100.00% $0.00 $0.00 $18,000.00 100.00% $0.00 $24,650.00 100.00% $o.00 $1,000.00 43.48% $0.00 $0.00 $0.00 $41,304.00 $0.00 $21,000.00 91.10% $0.00 $0.00 $o.00 $2,000.00 100.00% $0.00 $28,000.00 100.00% $0.00 $141,000.00 100.00% $0.00 $141,000.00 100.00%  $0.00 $300.00 $3,000.00 $0.00 $0.00 $1,800.00 $0.00 $2,465.00 $1,300.00 $100.00 $2,000.00 $0.00 $8,646.00 $4,130.40 $2,052.00 $2,100.00 $8,000.00 $0.00 $0.00 $200.00 $0.00 52,800.00 $o.00 $14,100.00 $0.00 $14,100.00 $140,768.00  0.00%  0.00% 82.69% 0.00%  $0.00  $0.00  0.00%  $0.00    Buldingl Installation/Matula & Matula) Electrical Install Underground Conduit install Service Rack &E Equipment Instally Wiring Relocate ATS&A Annunciatorf for Generator U Install New Grounding Grid Total sum ofE Bid! Item! No.1 Add-ons Change order amount total Grand Totals  $10,000.00! $26,680.00 $15,000.00 $29,000.00 $5,800.00 $5,800.00 $820,000.00 $0.00 $0.00  $o.00 $0.00 $0.00 $5,000.00 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 $0.00 50.00 $251,020.00 $174,934.00 $o.00 $o.00 $0.00 $0.00  $0.00 50.00 0.00% $0.00 $5,000.00 18.74% $0.00 $0.00 0.00% $0.00 $0.00 0.00% $0.00 $0.00 0.00% $0.00 $0.00 0.00% $0.00 $425,954.00 51.95% $0.00 $0.00 #DIV/OI $0.00 $0.00 #DIV/O!  $10,000.00 $21,680.00 $15,000.00 $29,000.00 $5,800.00 $5,800.00 $394,046.00 $42,595.40 $0.00 $0.00  $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $o.00  $820,000.00 $251,020.00 $174,934.00  $0.00 $425,954.00 51.95% $394,046.00 $42,595.40 $174,934.00/Minusi Retainer= $157,440.60  Current Paymentr requestr minus retainer amount