Primary Department: County Engineer
Primary Department Head/Elected Official: Milton Rahman, PhD, P.E., PMP, CFM, ENV SP, County Engineer
Secondary Department: N/A
Secondary Department Head/Elected Official: N/A
Regular or Supplemental RCA: Regular RCA
Type of Request: Contract - Amendment
Project ID (if applicable): Job No. 24/0313, UPIN 23208MF2XZ01
Vendor/Entity Legal Name (if applicable): CE Barker, LTD
MWBE Contracted Goal (if applicable): 19.82%
MWBE Current Participation (if applicable): 29.92%
Justification for 0% MWBE Participation Goal: N/A - Goal is not 0% and is listed above
Grant Indirect Costs Rate (if applicable): N/A
Justification for 0% Grant Indirect Costs Rate (if applicable): N/A - Not a grant item
Request Summary (Agenda Caption):
...title
Request for approval of a change in contract with CE Barker, LTD, in connection with Sanitary Sewer System Construction - Westfield Estates - 2023, with an addition in the amount of $367,284.77, Job No. 24/0313-3, UPIN 23208MF2XZ01, Precinct 2, MWBE Contracted Goal: 19.82%, MWBE Current Participation: 29.92%.
...end
Background and Discussion:
Harris County Office of the County Engineer received American Rescue Plan Act (ARPA) funding for wastewater and water projects. Through a vetting process, the Westfield Estates Sanitary Sewer System project was selected. The project scope includes sanitary sewer lines, manholes, a lift station and a force main, as well as connecting properties to the new system and abandoning existing septic systems. This initiative addresses environmental concerns by replacing failing septic systems that risk contaminating roadside ditches and nearby waterways.
This change order is tied to PCO-4 & 5. PCO-4: Addresses a payment dispute regarding the installation of 6-inch PVC sanitary sewer service stacks by contractor C.E. Barker. The initial request was denied by the Harris County project team on the basis that the work was either outside the defined service lead limits or considered incidental to the work. The contractor disputed this interpretation, referencing Contract Specification 02534SP, which specifies that sanitary sewer service lines including stacks and associated fittings are to be measured and paid on a linear foot basis under Bid Item No. 35, with no separate pay item for stacks.
Due to the disagreement, the matter was escalated to the Chief of Engineering and Architectural Services for further review. After several discussions and negotiations, leadership partially agreed with the contractor’s position and approved compensation for a portion of the work under Bid Item No. 35 in the amount of $350,014.05 to overrun a quantity for vertical sanitary sewer vent stacks. This change order represents approximately 1.65% of the total project budget, with no additional days to contract time
PCO-5: During installation of the 12-inch sanitary sewer main on Seven Mile Lane for the Westfield Estates project, the contractor encountered an existing 6-inch A/C waterline shown as abandoned on plans but found to be active and pressurized, creating a conflict with the sewer alignment toward the lift station.
The waterline experienced multiple breaks, requiring emergency repairs coordinated with the Municipal Operations Crew (MOC), with all repair work performed by the contractor, C.E. Barker, LTD. The verified cost for labor, equipment, and materials totals $17,270.72, and the proposed change order provides full compensation for these emergency repairs with no extension of contract time.
Summary of PCO-4 & PCO-5: This proposed Change Order increases the project cost by $367,284.77, representing approximately 1.73% of the total project budget, with no additional days to the contract time.
Expected Impact:
The changes add additional cost to the contract, ensuring the project aligns with its originally intended objectives. This change order adds $367,284.77 to the project contract amount with no impact on project contract time.
Alternative Options:
No alternative options: If no action is taken, the sanitary system and other infrastructure constructions will not be completed.
Funding source: 2651 - American Rescue Plan 2021
County Strategic Plan Goal: 2. Connect our community with safe, reliable, equitably distributed, and well-maintained infrastructure.
County Strategic Plan Objective: H: Improve the condition and resilience of County transportation, flood control, and other infrastructure.
Justice/Safety Initiative (Goal 1): N/A
Infrastructure Initiative (Goal 2): F1: Strengthen the County’s commitment to Vision Zero principles and goals.
Economy Initiative (Goal 3): N/A
Health Initiative (Goal 4): N/A
Climate/Resilience Initiative (Goal 5): N/A
Housing Initiative (Goal 6): N/A
Additional notes related to the Strategic Plan: N/A
Prior Court Action (if any):
|
Date |
Agenda Item # |
Action Taken |
|
10/29/2024 |
20 (24-6859) |
Contract Award |
|
02/12/2026 |
31 (26-0930) |
Contract Amendment for additional funds and extension of project term |
|
02/12/2026 |
32 (26-0932) |
Contract Amendment for additional funds |
Location:
Address (if applicable): Westfield Estates Subdivision
Precinct(s): Precinct 2
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Fiscal and Personnel Summary |
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Service Name |
Engineering |
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Current Fiscal Year Cost |
Annual Fiscal Cost |
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Labor |
Non-Labor |
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Recurring Expenses |
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Funding Sources |
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Existing Budget |
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2651 - American Rescue Plan 2021 |
$ |
$367,284.77 |
$367,284.77 |
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$ |
$ |
$ |
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Total Existing Budget |
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$367,284.77 |
$367,284.77 |
$ |
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Additional Budget Request (Requires Fiscal Review Request Form) |
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Choose an item. |
$ |
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Total Additional Budget Request |
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Total Funding Sources |
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$367,284.77 |
$367,284.77 |
$ |
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Grants - Proposed Budget (For Grants Items only) |
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Local Match Source - Existing Budget: Choose an item. |
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Local Match Source - Additional Budget Request: Choose an item. |
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Grant Funds Applied for/Awarded (Total) |
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$ |
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Personnel (Fill out section only if requesting new Position Control Numbers (PCN)s) |
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Current Position Count for Service |
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Additional Positions Request |
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Total Personnel |
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County Attorney’s Office Legal Review (for Harris County Code Items only) |
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CAO Reviewer Name and title |
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CAO Review Completion Date |
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Anticipated Court Date: 6/11/2026
Anticipated Implementation Date (if different from Court date): N/A
Emergency/Disaster Recovery Note: Not an emergency, disaster, or COVID-19 related item
Contact(s) name, title, department: Erwin Burden, PE, CFM, Chief of Engineering and Architectural Services, Harris County Office of the County Engineer
Attachments (if applicable): County Auditor’s Form 1258B