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HomeMy WebLinkAboutContract 55427-CO6CSC No. 55427-CO6 F[}RTWO RTH. City of Fort Worth �T Change Order Request Project Namel Kroger Drive Phase II (From Ray White to Park Vista Cir) City Sec # I 55427 Client Project #(s)l City Project Number 101015 Project Reconstruction of Kroger Drive from Ray White Road to Park Vista Circle and includes the following: 2" mill and overlay, 10" concrete pavement, lime Description treated base, storm drain culvert extensions and headwalls, three signalized intersections, and concrete trail Contractorl Reliable Paving, Inc. - Bean Electric l Change Order #I City Project Mgr. I Brendan McInnes, PE Datel 4/18/2023 City Inspector) Eric Tinner Dept. TPW Contract Time Totals (CD �70 Original Contract Amount $3,211,162.73 $3,211,162.73 Extras to Date $800,366.29 $800,366.29 92 Credits to Date $428,234.25 $428,234.25 Pending Change Orders (in M&C Process) $0.00 Contract Cost to Date $3,583,294.77 $3,583,294.77 362 !Amount of Proposed Change Order $5,380.85 $5,380.85 95 Revised Contract Amount $3,588,675.62 $3,588,675.62 457 Original Funds Available for Change Orders $385,339.53 $385,339.53 Remaining Funds Available for this CO $13,207.49 $13,207.49 Additional Funding (if necessary) CHANGE ORDERS to DATE (INCLUDING THIS ONE) AS % OF ORIGINAL CONTRACT 1 11.76% MAX ALLOWABLE CONTRACT AMOUNT (ORIGINAL CONTRACT COST+ 25%) $4,013,953.41 TIFICAUON (REASONS) FOR CH&NGE ORDER One (1) street light had been removed in Change Order 2 but already installed in the field before that direction was provided. This change order is adding that quantity back to the contract to match what was installed in the field. Pricing is per unit prices in the original contract. Additional days being added as part of the final contract time settlement terms with the Contractor. It is understood and agreed that the acceptance of this Change Order by the contractor constitutes an accord and satisfaction and represents payment in full (both time and money) for all costs arising out of, or incidental to, the above Change Order. The Project/Program Manager signing below acknowledges that he/she is the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Contractor's Company Name F Contractor (Name) 11K Contract Signature Date Reliable Paving, Inc. uentin Smith ownt!hSwim as r Apr 26, 2023 ector/Inspection Supervisor Epic it"tinev Date Apr 25, 2023 Project and Contract Compliance Manager Date May 9, 2023 Program Manager Date Se ' Date May 10, 2023 ��Q-t— May 11, 2023 Assistant Director (Dept) Date iDirector, Contracting Department Dept Date ?i r" May 11, 2023 May 12, 2023 ssis Date Assistant City Manager Date May 12, 2023 Q4-1 May 15, 2023 ATTEST: q� A ..l —G.- Jannette Goodall, City Secretary �aaa$ p/8A10 �dQY�# d Council Action (if required) M&C Number I M&C Date Approved OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX F{ t � Wide r�i City of Fort Worth Change Order Additions Project Name I Kroger Drive Phase II (From Ray White to Park Vista Cir) City Sec # 55427 Client Project # I City Project Number 101015 1 Contractorl Reliable Paving, Inc. - Bean Electric I PMI Brendan McInnes, PE Inspectorl Eric Tinner Change Order Submittal # © Date 1 4/18/2023 ADDITIONS IIEM UESCKIPIION UEPI Uty Unit Unit Cost total 134 3441.164b Fumishl Install Iype 66A Arm IPW 1.000UUUUU EA $419./b $419./bl 136 3441.3302 Rdwy Illum Foundation TY 3, 5,15 and 8 TPW 1.00000000 EA $2,029.75 $2,029.751 137 3441.3352 Furnish/ Install Rdwy Ilium TY 18 Pole TPW 1.00000000 EA $2,293.lU $2,293.101 139 9999.0013 Furnish/Install LED Lighting Fixture TPW 1.00000000 EA $638.26 $638.251 TFW $5,380.851 1 1 1 Sub Total Additions $5,380.85 1 Change Order Additions Page 2 of 4 I I tM T t� VV() City of Fort Worth �� Change Order Deletions Project Name I Kroger Drive Phase II (From Ray White to Park Vista Cir) City Sec # 1 55427 Client Project # I City Project Number 101015 1 Contractorl Reliable Paving, Inc. - Bean Electric I PMI Brendan McInnes, PE I Inspectorl Eric Tinner Change Order Submittal # © Date 1 4/18/2023 1 DELETIONS UtbUKIPl IUN ULHI Uty Unit unit host total TOW Sub Total Deletions Change Order Deletions Page 3 of 4 M/SBE for this Change Order M/SBE Sub Type of Service Amount for this CO Total $0.00 Previous Change Orders CO # DATE AMOUNT 1 8/6/2021 $78,060.85 2 11 /9/2021 $154,656.61 3 3/25/2022 $75,981.06 4 12/12/2022 $57,493.42 5 12/18/2022 $5,940.10 Total I $372,132.04 FORTWORTH. TRANSPORTATION AND PUBLIC WORKS April 17, 2023 Reliable Paving, Inc. 1903 N. Peyco Drive Arlington, TX 76001 Attn: Mr. Quentin Smith Public Works Division Manager SUBJECT: Contract Time Kroger Drive Phase II City Project No.: 101015-2, CSN 55427 Dear Mr. Smith: TPW is in receipt and has reviewed your schedule delay and schedule impact summary table dated March 24, 2023. While the City concurs there were delays triggered by certain RFI's, the contract time claims are unsubstantiated and not properly documented. Reliable has presented a total of 404 days of delay and proposes that they be returned to the contractor. The City takes exception to the assertion that Reliable Paving was impacted in that magnitude. The delays are claimed to have occurred within a period of 274 consecutive days in which $2.1 million of work was completed, or 53% of the work scope. Per GC 12.02, the City utilizes the critical path method to review the extension of contract time and additional contract time is considered if the claimed delay adversely affects the critical path. A baseline schedule was not submitted by Reliable Paving as part of the pre -construction activities and as required per Contract Specification 00 32 15. Contract time began on June 12, 2021 on the 270-calendar day contract. On January 12, 2022 City PM Brendan McInnes requested a baseline schedule since none had been provided to date, nor were monthly progress schedules submitted, as required by the contract specification. At the time, various versions were submitted with logic and other errors which were pointed it out to Reliable Paving and returned for revisions. After several iterations not conforming with the spec, on June 22, 2022, the City filed the baseline schedule provided by Reliable Paving in BIM360, noted its non -conformities and deficiencies, and also shared them with Reliable Paving. That baseline schedule showed the project would not be completed on time with construction activities being completed 107 calendar days late. A baseline schedule should not have u delays — It is the schedule the contractor proposes before starting construction operations to complete the job on time. On November 30, 2022, with a time elapsed of 537 calendar days, contract time was suspended pending final punch list and TDLR Inspection. The TDLR inspection was conducted and punch list provided on January 5, 2023. Contract time was restarted on January 30, 2023 upon Reliable Paving's failure to begin work on the TDLR punch list after January 5. Contract time was fully stopped 15 days later on February 13, 2023 after completion of the project work scope and punch lists. The additional 15 days bring the total time elapsed to 552 days. Change Orders 1 through 5 added 92 days to the contract, increasing the total number of days allowed to complete the contract from 270 to 362. Therefore, the total number of days over approved contract duration is 552-362 = 190. In accordance with Article 4.2 of Section 00 52 43 of the contract, liquidated damages accrue at the rate of $1250 for every day elapsed after the approved contract duration. The total amount of liquidated damages for 190 days is $237,500.00. On March 17, 2023, Reliable Paving and the City met virtually to discuss the liquidated damages charges to date and the project's unpaid invoices. Reliable agreed to, and has uploaded correspondence and schedules in support of its claim of impacts to the project schedule and associated delays. The Baseline and Impact schedules submitted have been reviewed and they still fail to meet the requirements of Contract Specification 00 32 15, or generally accepted practices. A great number of the delays shown in the impact schedule show no successor activities, therefore impact to the critical path cannot be assessed. The June 2022 baseline and marked up impact schedule are included with this letter for reference. The new baseline schedule provided does not match the baseline schedule provided by Reliable Paving in June. For the duration of the project, the City has attempted to obtain proper baseline and progress schedules to properly track contract duration and impact to schedule. Reliable has been unable to provide either. What has been provided to date is not in conformance with the contract specification nor standard practices. At this time, rather than continue on a protracted effort to obtain conforming documents, the City proposes to split the 190 days in excess of the approved contract duration of 362 days. The City would grant 95 non- compensable days with the proposed compromise leaving 95 days subject to the liquidated damages rate as set forth in the agreement. This compromise would settle all contract time disputes for the project with no further claims being allowed. If you are in agreement with this proposal, please sign below where indicated. Upon obtaining your signature, the City will start the project closeout process and pay any outstanding invoices. The City will withhold the amount of $118,750.00 of liquidated damages, as calculated for the 95 days, and will release the balance of the retainage upon receiving from Reliable Paving, Inc.the standard project closeout paperwork required. 2 If you would like to meet to discuss the above proposal, please contact me. ards, /` Raul Lopez, PE Program Manager TPW Capital Delivery Division — Arterials 817-392-2457 raul.lopez@fortworthtexas.gov cc: TPW Capital Delivery Brendan McInnes, CFW Project Manager Chad Allen, Former CFW PM Lissette Acevedo, CFW Sr Capital Project Officer Date: 4/18/23 Signature: 0 Name: Quentin Smith Position: Project Manager Signature indicates acceptance of settlement terms described above 101015-CNCO-Change Order No. 6 - Kroger Dr Phase II Final Audit Report 2023-04-25 Created: 2023-04-25 By: Andrea Munoz (Andrea. M unoz@fortworthtexas.gov) Status: Canceled / Declined Transaction ID: CBJCHBCAABAABQ7QpgVkkH1T3wtn20FuKxxilaggPrBJ "101015-CNCO-Change Order No. 6 - Kroger Dr Phase II" Histo ry Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2023-04-25 - 5:58:49 PM GMT- IP address: 204.10.90.100 Document emailed to Alexiz.Ramirez@fortworthtexas.gov for filling 2023-04-25 - 6:22:11 PM GMT Document emailed to Quentin Smith (quentin@reliablepaving.com) for signature 2023-04-25 - 6:22:11 PM GMT Document emailed to Eric.Tinner@fortworthtexas.gov for signature 2023-04-25 - 6:22:12 PM GMT Document emailed to brendan.mcinnes@fortworthtexas.gov for signature 2023-04-25 - 6:22:12 PM GMT Email viewed by Alexiz.Ramirez@fortworthtexas.gov 2023-04-25 - 6:26:36 PM GMT- IP address: 204.10.90.100 Email viewed by Eric.Tinner@fortworthtexas.gov 2023-04-25 - 6:43:42 PM GMT- IP address: 107.77.198.43 Email viewed by brendan.mcinnes@fortworthtexas.gov 2023-04-25 - 6:43:59 PM GMT- IP address: 104.47.64.254 Signer brendan.mcinnes@fortworthtexas.gov entered name at signing as Brendan McInnes 2023-04-25 - 6:44:27 PM GMT- IP address: 104.184.143.233 Document e-signed by Brendan McInnes (brendan.mcinnes@fortworthtexas.gov) Signature Date: 2023-04-25 - 6:44:29 PM GMT - Time Source: server- IP address: 104.184.143.233 FORTW❑RTHg I Paweredbv Adobe Acrobat Sign -- Signer Eric.Tinner@fortworthtexas.gov entered name at signing as Eric Tinner 2023-04-25 - 6:46:20 PM GMT- IP address: 107.77.198.43 Document e-signed by Eric Tinner(Eric.Tinner@fortworthtexas.gov) Signature Date: 2023-04-25 - 6:46:22 PM GMT - Time Source: server- IP address: 107.77.198.43 Document canceled by Andrea Munoz (Andrea. M u noz@fortworthtexas.gov) 2023-04-25 - 7:46:49 PM GMT- IP address: 204.10.90.100 FORTW❑RTHg I P°He1� Y Adobe Acrobat Sign FORTWORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Construction Change Order No. 6 - Kroger Dr Phase II M&C: 22-0690 CPN: 101045 Date: To: Name 1. Bus. Support Partner — Alexiz Ramirez 2. Quentin Smith — Contractor 3. Eric Tinner - Inspector 4. Brendan McInnes — Project Manger 5. Chad Allen — Contract Compliance Mngr 5. Raul Lopez — Program Manager 6. Lissette Acevedo — Senior CPO 7. Michael Owen — Interim Asst. Director 8. Lauren Prieur — Director 9. Doug Black — City Attorney 10. William Johnson - ACM 11. Jannette Goodall - CSO 12. TPW Contracts CSO: 55427 DOC#: 1 Department Initials Date Out TPW-initial q- Apr 26, 2023 Contractor Apr 26, 2023 TPW - sign Apr 25, 2023 TPW-initial g Apr 25, 2023 TPW - sign k May 9, 2023 TPW - sign May 10, 2023 TPW - sign May 11, 2023 TPW - signer May 11, 2023 TPW - sign May 12, 2023 Legal -sign ddwLMay 12, 2023 CMO - sign / May 15, 2023 CSO - sign May 15, 2023 TPW DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: ❑YES ®No SAME DAY: ❑YES ®No NEXT DAY: ❑YES ®No ROUTING TO CSO: ®YES ❑No Action Reauired: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: TPWContractsnafortworthtexas.aov, for pick up when completed; list "Please call Brendan C� ext # 2817 for questions. Thank you. " Brendan McInnes (Apr 25, 2023 13:44 CDT)