HomeMy WebLinkAboutContract 54014-FP1FORTWORTH,
TRANSPORTATION AND PUBLIC WORKS
NOTICE OF PROJECT COMPLETION
54014-FP1
AT
City Secretary No:_54014 Final_
Date Received:April05, 2023
City Project Ns: C01811
Regarding contract CSN 54014 Risinger Road at Interstate 35 West for as required by the TRANSPORTATION
AND PUBLIC WORKS DEPARTMENT as approved by City Council on 06/02/2020 through M&C 20-0360
the director of the TRANSPORTATION AND PUBLIC WORKS DEPARTMENT upon the
recommendation of the Assistant Director of the Transportation & Public Works Department has accepted the
project as complete.
Original Contract Prices:
Amount of Approved Change Orders:
Revised Contract Amount:
Total Cost Work Completed
Less Deductions:
Liquidated Damages:
Pavement Deficiencies:
Total Deduction Amount:
Amount Eligible to Date:
Less Previous Payments:
Final Payment Due
�at�ic�a L. ww(fack
Patricia L. Wadsack (Jul 19, 202315:53 CDT)
Recommended for Acceptance
Asst. Director, TPW - Capital Delivery
A.231 �Z_
Lauren Prieur (Jul 19, 202316:05 CDT)
Accepted
Director, TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
Client Department
Williafn lnhnsnn (lii V(1 ?0?? 11-1CFM
Asst. City Manager
$ 1,418,380.45
$5,553.75 Ns 1
$ 1,423,934.20
$ 934,693.57
$ 31,596.34 See attached settlement agreement.
0 Days @ $1,250.00 / Day
$ 31, 596.34
$ 903,097.23
$ 871,500.89
$ 31,596.34
J u l 19) 2023
Date
Jul 19) 2023
Date
Jul 20, 2023
Date
OFFICIAL RECORD
Coanh s: CITY SECRETARY
FT. WORTH, TX
FORTWORTHO
TRANSPORTATION AND PUBLIC WORKS
May 18, 2023
Select Maintenance, LLC
PO Box 1130
Euless, Tx 76039
Attention: Troy A. Ragle
Vice -President
SUBJECT: Risinger Road Paving and Traffic Signal Improvements at IH-35 City Project No.:
C-01811, CSN 54014
Troy,
I have not heard from you regarding findings by the company from staff document review as you
indicated in your last email on May 4. It is apparent that the City and Select Maintenance cannot reach
agreement on the final contract amount.
At this time, the City must close the project and will do so in conformance with the terms of the final
offer the City made by letter dated April 7, 2023. The City will also process the last invoice dated Sept
30, 2022 for the period of October 1, 2021 through Sept 30, 2022. As indicated on the April letter, the
amount of Liquidated Damages is $63,192.68, which exceeds the amount retained by the City to date. In
lieu of Select Maintenance writing a check for the balance of $16,458.00, the City will retain that same
amount from invoice No. 7. Thus, we will issue a final payment of $177,809.64 and close the contract.
The table included in that letter is duplicated below.
Invoice No. 7 Amount $194,267.64
Total to be retained by City $63,192.68
Retainage held to date (including Invoice No. 7) $46,734.68
Amount to be retained from Inv No. 7 ($16,458.00)
Final Payment Amount $177,809.64
The Notice of Project Completion (Green Sheet) was sent to you via Adobe Acrobat Sign on 4/10/2023
and you have to date declined to sign it or provide the associated affidavit of bills paid and consent of
surety. We are proceeding as such and will so indicate on the final close-out documents.
4E. S,
Lopez, PE
Program Manager
TPW Capital Delivery Division — Arterials
817-392-2457
raul.lopez@fortworthtexas.gov
cc: Cristobal Fuentes, Construction Inspector
Eduardo Veliz, Construction Inspector
Brad Radovich, Arterials Senior Project Manager, TPW Capital Delivery
C01811- Risinger Road Intersection Improvements
Contract Time and Liquidated Damages
Date of NTP
9/8/20
Original contract
duration (CD)
120
Original contract end
1/6/21
date
Substantial Completion Date 6/15/2022
#Days NTP to Substantial Complete 645
Line #
By Select Maintenance (11/12/2021)
Per CFW 12/17/2021
Number of
Description
Contract End
City Proposal
Contract End Date
Reason/ Basis
1
Days
Date per SM
per CFW
2
20
Days Granted at City's Discretion to Obtain Authorization
1/26/21
20
1/26/2021
Concur- City inititiative
for Road Closure
City is granting 143 contract days altogether for time
spent locating large water main. Using 6/25/21 for
3
60
Credit for Signal Cabinet Lead Time
3/27/21
0
1/26/2021
start date of activities to construct 2 outstanding
signals previously in conflict with utilities . Doing so
removes the cabinet lead time from the critical path.
Cabinet dropped off by SM on 2/19/2021.
7
Feb Deep Freeze
4/3/21
7
2/2/2021
Concur - City inititiative
4
5
188
Credit for 2/2/21 to June 25
10/8/21
143
6/25/2021
Granting 143 days thru 6/25/21
No days granted - Cabinet dropped off 2/19/2021
without controller. Controller dropped off 10/20/21.
Activity start date controlled and set by contractor,
6
60
Signal Cabinet Programming by City Dropped Off
12/7/21
0
6/25/2021
not the City, upon proper and complete furnishing of
2/19/2021 Available for Pickup 11/11/2021
equipment by contractor. Had controller been
furnished with cabinet as required, activity would
have ended 4/19/2021. Activity no longer in the
critical path after granting additional time.
No days granted. Plan revision issued prior to NTP.
7
32
Plan Revision RFI 1 (7-27-2020) Mast Arm Size Change
1/8/22
0
6/25/2021
Activities for which 32 days are being requestedcould
have been completed between NTP and 6/25.
Activities no longer in critical path.
No days granted - Plan revisions with scope
reduction issued prior to NTP. In addition, activities
8
30
Plan Revision RFI 2 (11-6-2020) Scope of Work Change
2/7/22
0
6/25/2021
for which 30 days are being requested could have
been completed between the NTP and 6/25.
Revisions entail scope reduction which should
trigger a reduction in contract duration instead.
No days granted. Bid docs only furnished
construction phasing / sequencing with contractor
9
10
Plan Revision RFI 3 (11-19-2020) Traffic Control Plan
2/17/22
0
6/25/2021
being responsible to provide Traffic Control Plan.
Change
TCP actually drawn up by F&N to keep construction
progressing. By granting days thru 6/25 activity no
longer in critical path
No days granted. Occurred early between NTP and
10
20
Plan Revisions RFI 4 (1-25-2021) Ramp Design Change
3/9/22
0
6/25/2021
6/25. Contractor should have been able to realign
activities within the timeframe
No days granted. Plan revision issued well in
11
45
Plan Revision RFI 5 (3-16-2021) Signal Head Change
4/23/22
0
6/25/2021
advance of June 25. Minor modification from 4 to 5
heads
No days granted. City did not ask SM to cease
project activities, only at site of conflict with large
12
14
Re -Mobilization to Site Notice 6-25-2021
5/7/22
0
6/25/2021
water main (SE corner of NBFR). Demobilization was
contractor's choice given other work remained and
could have been completed in the meantime.
Duration being added in the form of longer duration
13
20
Plan Revision RFI 6 (7-20-2021) Ramp Design Change
5/27/22
0
6/25/2021
to complete 2 remaining signals, the scope of which
includes the ramp subject of the RFI. See Line 15
Granting 21 days. City deems 75 days unreasonable -
14
75
Concrete Shortages (6-26-2021 to 11-9-2021)
8/10/22
21
7/16/2021
Have not experienced similar claims from other
contractors. Provide evidence for additional
consideration.
To allow for construction of remaining 2 signals after
15
-
Install 2 signals post 6-25-21 utility conflict resolution
38
8/23/2021
June 25, City is granting 38 days which is original
duration for construction of 4 signals (76 CD) as per
SM original Sept 2020 schedule, divided by 2.
16
-
Pavement Markings and Signage
34
9/26/2021
Duration for activity per SM Sept 2020 (original)
schedule
17
-
End Project
13
10/9/2021
Duration for activity per SM Sept 2020 (original)
schedule
581
Additional days to be granted
276
120
Original Contract Time
120
701
Total Effective Revised Contract Duration
Note: Final Inspection took place July 18. 2022 and punch list was
completed July 21, 2022, within the 10-day window allowed with no time
645
Days Elapsed Thru Substantial Completion
645
charges. No days being charged after June 15, 2022.
0
Total Days Over Revised Contract Duration
249
$1,250.00
LD Daily Rate
$1,250.00
Total LD Amount
$311,250.00
FORT WDRTH,.
Routing and Transmittal Slip
Transportation & Public Works
Department
DOCUMENT TITLE: Settlement Agreement -Select Maintenance
M&C: NA CPN: C01811 CSO: NA
Date:
To:
Name
1
Lauren Prieur
2
William Johnson
3.
4.
Doug Black
5
J annette Goodall
6.
7.
Department Initials
TPW-signature �2
TPW-signature
TPW-signature
Legal db
C S u i%iZ�
,5G
DOC#: I
Date Out
Jun 26, 2023
Jun 26, 2023
Jul 3, 2023
Jul 5, 2023
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 Required:
❑ As Requested
❑ For Your Information
® Signature/Routing and or Recording
❑ Comment
❑ File
❑ Attach Signature, Initial and Notary Tabs
Return To: bradlev.radovich(d)FortWorthTexas.�4ov at ext. 7817 for pick up when completed.
Thank you!
CSC No. 54014-SAl
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ("Agreement") is by and between the City of Fort Worth,
a Texas home -rule municipality and Select Maintenance, LLC, a Texas limited liability corporation.
A.
Definitions
In addition to the terms defined in the body of this Agreement, the following terms shall have the
definitions ascribed to them as follows:
"City" means the City of Fort Worth, Texas, and its officers, representatives, agents, servants, and
employees.
"Company" means Select Maintenance, LLC, a Texas limited liability corporation, and/or its
partners, representatives, members, managing members, officers, managers, proprietors, directors,
employees, representatives, agents, subsidiary organizations, parent organizations, successor entities,
assigns, predecessors, stockholders, administrators, contractors, and related companies.
"Contract" means Fort Worth City Secretary Contract ("CSC") Number 54014, a construction
Contract between the City of Fort Worth and Company.
"Parties" means the City and Company.
B.
Recitals
WHEREAS, the City and Company entered into Fort Worth City Secretary Contract Number
54014 on or about June 11, 2020 for the purpose of hiring Company to perform Paving and Traffic Signal
Improvements at Risinger Road and IH35W in the original amount of $1,418,380.45 (City Project No.
CO 1811); and
WHEREAS, the Contract was amended one time by a change order for a total contract revised
amount of $1,423,934.20; and
WHEREAS, prior to closing the Contract, Company sought additional compensation in the
amount of $105,117.03 for work allegedly performed during the term of the Contract ("Claimed
Amount"); and
and
WHEREAS, the City investigated the Claimed Amount and rejected in part and accepted in part;
WHEREAS, the Company rejected the City's response; and
WHEREAS, the City and the Contractor engaged in further negotiations regarding the claimed
amount; and
WHEREAS, on June 2, 2023, the Company and City met and resolved the remaining issues
regarding the Claimed Amount; and
Settlement Agreement and Release 1 of 4
WHEREAS, the City intends to pay the negotiated Claimed Amount as part of the final contract
close-out procedure; and
WHEREAS, except as may be set forth below in the terms of the Agreement, the Parties hereby
agree that the following terms and conditions shall constitute full and final settlement pertaining to the
payment of the Claimed Amount.
NOW, THEREFORE, the Parties hereto, in consideration of the recitals stated herein and the
mutual covenants set forth hereinbelow, and intending to be legally bound hereby, stipulate and agree as
follows:
C.
Agreement. Release. & Covenants
1. The recitals set forth above are true and correct and form the basis upon which the Parties
have entered into this Agreement and are incorporated herein by reference.
2. The City hereby pays to the Company the amount of THIRTY ONE THOUSAND FIVE
HUNDRED NINETY SIX DOLLARS AND THIRTY FOUR CENTS ($31,596.34), which represents the
negotiated agreement regarding the Claimed Amount.
3. Upon full receipt of all amounts due to the Company pursuant to terms of this settlement,
the Company does hereby COMPROMISE, SETTLE, RELINQUISH, RELEASE, ACQUIT, and
FOREVER DISCHARGE the City from and against any and all claims, demands, debts, liens, costs,
expenses, actions, and causes of action of whatsoever nature, description of character, whether in tort or
in contract, or by virtue of the common law, statute, or regulation, known or unknown, heretofore existing
between the City and Contractor, whether known or unknown, which may have accrued or may accrue,
on account of, arising from, or in any manner growing out of, relating to, resulting from, or in any way
connected to Contract referenced herein.
4 The Parties warrant that no promise or inducement has been offered except as set forth
herein; that this Agreement is executed without reliance upon any statement or representation of any
person or Party's release, or its representatives, concerning the nature and extent of the losses, injuries,
damages, and/or legal liability therefore; and that the acceptance of the consideration set forth herein is in
full accord and satisfaction of all claims set forth herein.
5. It is understood that this is a compromise of a claim. The City and Company desire to
compromise and settle all matters and things to avoid the hazard, inconvenience, uncertainty, and expense
of litigation.
6. The Company represents and warrants that it is the sole owner of the claims, causes of
actions, and rights -in -action being released herein, and it has not transferred, assigned, or otherwise
encumbered said claims or any part thereto.
Settlement Agreement and Release 2 of 4
7. The Parties hereto shall not assign or transfer their interests and obligations set forth in
this Agreement without the prior written consent of the other parties, and any attempted assignment or
transfer of all or any part hereof without such prior written consent shall be void.
8. This instrument contains the entire agreement between the Parties as to the matters
contained herein and the terms of this instrument are contractual and not merely recitals. There are no
other agreements, either written or oral, and this Agreement supersedes all earlier representations,
negotiations, or agreements regarding the Claimed Amount. The Parties acknowledge that the covenants,
promises, and representations made herein are binding on, and inure to, the benefit of each of the Parties.
9. The Parties represent that they have consulted, or had the opportunity to consult, an
attorney to seek legal counsel regarding the contents and effects of this Agreement. The Parties further
represent that they have been informed of the content and effect of this instrument and that the instrument
is executed as their act and deed and of their own free will.
10. In the event that any provision of this Agreement is held void, voidable, or
unenforceable, the remaining portions shall remain in full force and effect.
11. If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County,
Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This
Agreement, including any exhibits, shall be construed in accordance with the laws of the State of Texas.
12. The Parties represent and warrant that they are over the age of eighteen (18) years,
competent to execute this Agreement, have carefully read the foregoing Agreement, and know the
contents thereof and have signed the same of their own free will and with the advice of counsel, if
applicable.
13. This Agreement may be executed electronically and/or in several counterparts, each of
which will be deemed an original, but all of which together will constitute one and the same instrument.
A signature received via facsimile or electronically shall be as legally binding for all purposes as an
original signature.
14. It is understood that by execution of this Agreement, the City does not waive or surrender
any of its governmental powers or immunities.
Settlement Agreement and Release 3 of 4
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be effective on the
date subscribed by the City's duly designated Assistant City Manager.
CITY OF FORT WORTH
by:william Johnson (J 26, 202314:43 CDT)
William Johnson
Assistant City Manager
Date: J u n 26, 2023
APPROVED AS TO FORM
AND LEGALITY:
A Age,
DBlack (Jul3, 202310:01 CDT)
Douglas W Black
Sr. Assistant City Attorney
ATTESTED BY:
A -&,�
Jannette S. Goodall
City Secretary
M&C NA
SELECT MAINTENANCE, LLC
by:
President
Date: 3
Recommend:
A
by:Lauren Prieur (Jun 26, 202313:53 CDT)
Lauren Prieur
Director, TPW Department
Settlement Agreement and Release 4 of 4
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting
requirements.
Bradley M. Radovich, P.E.
Senior Professional Engineer