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HomeMy WebLinkAboutContract 38760-S1' . CITY SECRETARY CONTRACT NO. 3i1k>~ -SJ SETTLEMENT OF CLAIM FOR ADDITIONAL COMPENSATION THE FAIN GROUP, INC. )( )( )( STATE OF TEXAS COUNTY OF TARRANT WHEREAS , the City of Fort Worth (City) and The Fain Group , Inc. (Contractor) entered into a City Secretary Contract Number (CSC) 38760 known as Streetscaping Project fo r Museum Way from Seventh Street to Tarantula Railroad Tracks (CONTRACT); and, WHEREAS, the Contract is funded by both City and the Texas Department of Transportation (TxDOT); and WHEREAS , shortly after proceed ing with construction , Fain experienced unforeseen conflicts that resulted in delays that increased the time required to complete the work.; and, WHEREAS , The conflicts included a fiber optic utility conflict w ith a proposed foundation for signage, grades for proposed sidewalks that could not meet required Americans with Disability Act (ADA) standards , sidewalk grades adjacent to existing buildings that could not meet ADA standards, and work stoppage ordered by the U.S. Army Corps of Engineers in the area of the Fort Worth Floodway; and , WHEREAS, constructed quantities for bid items 192-2007 and 420 -2001 of CSC 38760 were 25% less than the bid proposal allowing an increase in the unit price for the quantities constructed unde r TxDOT Standard Specification, tion 4.2 "Changes in the Work "; and , OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX l --: '+ I , WHEREAS, Contractor has submitted a claim for delays and additional compensation totaling $20,937.05, that has been reviewed and accepted by both City and TxDOT ; and, WHEREAS, Contractor agrees that said claim is evidenced by an October 11 , 2010 letter from City to TxDOT, attached hereto and incorporated herein for all purposes. WITNESSETH that the parties have agreed as follows : 1. The Contractor and City hereby agree that upon payment of $20,937.05, which Contractor agrees is sufficient for all purposes, the Contractor will have received full compensation for all additional labor, material, direct and indirect expenses and profit related to delays, and additional compensation due under its claim. Contractor hereby releases and forever discharges City from any and all claims, demands, actions, and causes of action of every nature and kind arising from or under any or all allegations of additional labor, material, direct and indirect expenses and profit related to delays, and additional compensation due under its claim. 2. Contractor hereby certifies that all persons, firms, associations , corporations, or other organizations furnishing labor and/or materials or have incurred any other obligation related to this claim have been paid in full. [remainder of page intentionally blank] .. ' ... IN WITNESS THEREOF , the parties hereto have made and executed this Agreement in multiple originals this \Le -t~ day of "'-Af~ 2010 in Fort Worth , Tarrant County, Texas . CITY OF FORT WORTH: Fernando Costa Ass istant City Manager RECOMMENDED THE FAIN GROUP, INC . Randle Harwoo , Director ~/ff~ Department of T1 !ti ,sprn talion and f!'ablie 'ldefk-'P~AJI AJfl f' APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ATIEST: m ~ MartyHen~ City Secretary \\\.,£\~ L-0 Date I NO M&C REQUIRED I OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX .- FORT WORTH October 11 , 2010 Mr. Alireza Shafiye Texas Department of Transportation North Tarrant County Area Office 2501 Euless Blvd . Euless Tx, 76040 RE: Claim by Fain Group, Streetscaping Project Museum Way from Seventh Street to Tarantula Railroad Tracks; CSJ: 0902-48-562 Dear Mr. Shafiye: The City of Fort Worth has received a delay claim request by the Fain Group (Fain). The C ity supports this request based on the information provided and our discussion from our July 16, 2010 meeting . Time Delay Shortly after the "Notice to Proceed " several conflicts/issues arose that impacted the contractor's ability to proceed in an efficient manner. He conflicts/issues are summarized bellow. The time period for these issues was from August 19, 2009 until November 30, 2009. During that period the contractor attempted to perform work by moving to different areas of the project. However, upon shifting crews he was impeded and/or stopped until final resolution of the conflict/issue . 1. Discovered conflict between entry sign foundation and an existing fiber optic cable . The conflict required that Dunaway and Associates, Inc. prepare a revised design for a spread footing to replace the original pier design. 2 . Grade conflict between elevation of existing building foundation and s idewalk grade preventing installation conforming to the Americans with Disabilities Act (ADA) requirements. The width and alignment of the proposed sidewalks had to be revised so that the required cross slope could be achieved. 3. The al ignment and grade for the proposed sidewalk into Trinity Park from Stayton (Museum Way) could not be installed in a longitudinal slope that met ADA requirements. Dunaway and Associates and the Fain Group unsuccessfully looked at alternatives attempting to meet the ADA requirements. After consulti ng w ith TDLR it was decided to remove a portion of the proposed work since alternate access was availab le to the park to the north along Seventh Street. The total available contract time from August 19 , 2009 until November 30 , 2009 was 71 days. The Fain group attempted to perform work at total of 42 days during that t ime period although that work resulted in discovery of the conflicts and uncertainty on how to proceed . Fain claim is for associated cost for 30 days of time as detailed below: PLANNING AND DEVELOPMENT DEPARTMENT THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET • foRT WORTH, TEXAS 76102-631 l 817-392-7820 * CUSTOMER SERVICE FAX 817-392-8116 * ADMINISTRATION FAX 817-392-7985 !; Pri nted on recycled paper Mr. Shafiye October 11 , 2010 Page 2 of 2 Delay Items Overhead Labor Burden (35%) Temp. Toi lets/Fence Rental Eciuipment ca>. 50% (Bobcat) Total Cost Days 30 30 30 30 Fain's breakdown for Supervision is as follows : Superintend ant Wage/Day = Vehicle Allowance/Day = Fuel/Day = Total = $200 .00 30 .00 30 .00 $260 .00 Unit Cost Total $ 260 $ 7 ,800 $ 91 $ 2 ,730 $ 10 $ 300 $ 13 $ 390 $ 11 ,220 Fa in has prov ided backup i nformation (Attachment A) for the Rental Equipment. Special Provision 004-012 allows for a 35% labor burden . Additionally , Fain has asked for a 5% increase on Items 192-2027 and 420-2001 . TxDOT Standard Specification Item 4, Section 4 .2 "Changes in the Work" allows for an increase when there is a reduction of more than 25% and the item is a major bid item (e .g. 5% or more of the total contract amount). Items 192-2027 and 420-2001 were 8.5% and 18.6% of the total contract amount respectively meeting the major bid item requirement. Actual completed quantit ies were 70 .5% and 74 .6% respectively allowing an increase under the specification on the quantity comp leted . The 5% increase is only allowed on completed quantities. The added cost is: 192-2027 Plant (100 GAL)(TREE) $793.00/EA x 5% = $39 .65/EA x 74 EA= $ 2 ,934 .10 420-2001 CL A Concrete (Misc) $293 .00/CY x 5% = $14 .65/CY x 463 CY= $ 6 ,782 .95 If you have any questions or need any additional information please let me know. r~~ Rick Trice, P.E., Assistant Director Planning and Development Department Attachment (1): Fain Cla im Backup l '· 2004 Specifications SPECIAL PROVISION 004---012 Scope of Work For this project, Item 4, "Scope of Work," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 4.2. Changes in the Vv orlc. The first paragraph is supplemented by the following: The Contractor is responsible for notifying the sureties of any changes to the contract Article 4.4. Requests and Claims for Additional Compensation, Section A., Delay Claims is voided and replaced by the following: A. Damages. Damages occur when impacts that are the responsibility of the department result in additional costs to the contracto1· that could not have been reasonably anticipated at the time of letting. For contractor damages, the intent is to reimburse the Contractor for actual expenses arising out of a compensable impact. No profit or markups, other than labor burden, will be allowed. For damages, labor burden will be reimbursed at 35% unless the Contractor can justify higher actual cost. Justification for a higher percentage must be in I accordance with the methodology provided by the Department, submitted separately for project overhead labor and direct labor, and determined and submitted by a Certified Public Accountant(CPA). Submit CPA-prepared labor burden rates directly to the Contract Letting and Contractor Prequalification Branch of the Construction Division. 1. Delay Damages If the Contractor requests compensation for delay damages and the delay is determined to be compensable, then standby equipment costs and project overhead compensation will be based on the duration of the· compensable delay and will be limited as follows: a. Standby Equipment Costs. • Standby costs will not be allowed during periods when the equipment would have otherwise been idle. • No more than 8 hr. of standby will be paid during a 24-hr. day, nor more than : 40 hr. per week, nor more than 176 hr. per month. • Standby will be paid at 50% of the rental rates foun~ in the Rental Rate Blue Book for Construction Equipment and calculated by dividing the monthly rate by 176 and multiplying by the regional adjustment factor and the rate adjustment factor. Operating costs will not be allowed. b. Project Overhead. Project overhead will be determined from actual costs that the Contractor will be required to document. Project overhead is defined as the administrative and supervisory expenses incurred at the work locations. 1-2 004---012 01-08 INVOICE NO: barl 6118478 PAGE: 1 ('BARNSCO) Concrete Construction Materials 2609 Willowbrook Dallas, iX 75220 (214) 352-9091 5000 Blue Mound Road Ft Worth TX, 76106 (817) 341-9494 j ':d '~ ::::J .lf::J rL!i 'V!J LS:! SALESMAN : ~/I' ~~~,?r.;i.,>~I DATE: ,g MAR 1 8 20'i0 ~i~CE TYPE: 03/15/10 Forbess, Greg CONTRACT INVOICE FA00098 RY· ..... , -------------·-6-i·- THE FAIN GROUP, INC PO BOX 750 FORT WORTH TX 76101 FAX: 817-927-4389 l SKI1004 W7450 MUSEUM JOB MUSEUM WAY & 7TH ST BRIAN 817-734-4225 FORT WORTH TX 76117 l l Billing Period Enviro:cmental Fee Fuel Surcharge SKID STBER.,763/ SLlSO BOBCAT (RNT} 02/23/10 15:27 -03/22/10 15:27 2 Billing Period 03/23/10 15:27 -04/19/10 15:27 Enviro:cmental Fee Fuel Surcharge Remit To: Barnsco P.O. Box 541087 Dallas, TX 75354-1087 ORIGINAL INVOICE SALES AMOUNT MISC CHG FREIGHT SAlESTAX PREPAID TOTAL 750.00 11.25 15.00 0.00 0.00 0.00 776.25 0.00 0.00 61.88 838.13 --.:---------------------------------------------- INVOICE Transaction Date Apr 21 , 2010 Apr 21, 2010 Apr 21, 2010 MMG Building & Construction Services LLC PO Box 1298 Hurst, TX 76053 Tel: (817) 510-0490 Fax: (817) 510-0495 Fain Group Po Box750 Fort Worth, TX 76101 ~~©~I1WIT::1ffi fil APR O 1 2010 j Type Period BY: ••.•••• ---~--------- Charge Code I Description (13) Fain Group Museum Way & 7th Street Fort Worth, TX REGULAR UNIT· (373 • 723) Once a week service (Mar 25, 2010 -Apr 21 , 2010) Fuel Surcharge Texas Sales Tax We now accept Visa, Discover, and Mastercard. Please call the office to make a payment 817-510-0490. Invoice#: Invoice Date: Page#: PO Number: 41686 Mar 29, 2010 1 Unit Rate $ 75.00 Quantity 2.00 8.25% Invoice Total TEAR OFF HEADER AND RETURN LOWER PORTION WITH YOUR PAYMENT Job# cilqo 1\ ' -··----Customer#: 000050 -000013 •• Cost Code: 1-lQst> Invoice#: 41686 ' -Invoice Date: Mar 29, 2010 • CostTyµe :_~ ...... 0 PO Number: tS Invoice Total $172.12 ;\pprovat: p ~- ..· .,. Amount $ 150.00 $ 9.00 $ 13.12 $172.12 MMG Building & Construction Services LLC PO Box1298 Hurst, TX 76053 I PLEASE WR•TEIN AMOUNT OF PAYMENTSNCL<JSE> I ~\} Bill To: The Fain Group Inc A/P PO Box750 Ca in Fence Company 973 Metromedia Place Dallas , Texas 75247 Phone No.: 972-870-0200 Fax No.: 972-870-0212 Home Page: www.cainfence.com Fort Worth , Texas 76101 Ship INVOICE Invoice Number: Rl38067 Invoice Date : 02/15/10 Page : 1 To: The Fain Group Inc Danny 817-734-4225 W. 7th Street/ Museum See Directions Fort Worth, Texas 76101 Customer ID Ship Via Terms C14425 Company Truck Net 30 Days 03/17/10 P.O. Number 8 Y: ~---u----·--------·"P.O . Date 01/28/1 O Our Order No. R005237 Due Date Salesperson Kim Nutting I Items Rented 1-! ----------------------------------- Item I Description RNT-F6 RNT fence 6 ft RNT-LP8 RNT line posts 8 ft RNT-DG6X24 RNT double gate 6x24 RNT-GPB RNT gate posts 8 ft ESG Energy Surcharge Quantity 200 Pr Linear 28 Each 24 Pr Linear 2 Each 1 Each Rental Term Initial Initial Initial Initial Initial From /Thru 02/12/10 03/12/10 02/12/10 03/12/10 02/12/10 03/12/10 02/12/10 03/12/10 02/12/10 03/12/10 Unit Price 0.2376 0.00 1.2375 0.00 2 .31 Subtotal: Tax: Total: Total Price 47.52 0.00 29 .70 0.00 2.31 79 .53 6.56 86 .09 This release is to resolve a delay claim by the Fain Group on the Museum Way Streetscape project. It has been reviewed and TxDOT for their approval. We will submit for reimbursement under our Joint Venture Grant but there is a possibility that TxDOT will not reimburse the amount and funding will have to come from contingency funds elsewhere. TxDOT indicated that these kinds of claims are paid for out of a separate funding source and that they don 't always have funds available. However, they will seek the funding. Let me know if you have questions. Rick