HomeMy WebLinkAboutContract 40535-CO1 21STRIBUTION:
INHITE-FILE CITY OF FORT WORTH CITY SECRETARY
CANARY-CONSTRUCTION FILE ���/�
PINK-PROJECT MANAGER CHANGE ORDER REQUEST C M 1 ACT RQ, 4US 05-CO
GOLDENROD-CONTRACTOR
CHANGE ORDER NO. ONE DATE: August 30,2011 D.O.E.NO.(N/A) PROJECT NO.01316
PROJECT DESCRIPTION: WESTERN HILLS LIFT STATION REPLACEMENT PROJECT CITY SECRETARY CONTRACT NO.
40535
ORIGINAL CONTRACT AMOUNT.......................................................$310.922.00
EXTRAS TO DATE........................................................$0.00
CREDITS TO DATE.......................................................$0.00
CONTRACTCOST TO DATE........................................................................................................................................................................................$310,922.00
AMOUNTOF PROPOSED CHANGE ORDER..............................................................................................................................................................$-2.820.00
REVISEDCONTRACT AMOUNT.................................................................................................................................................................................$308.102.00
ORIGINAL FUNDS AVAILABLE FOR CHANGE ORDERS........................................................................................................................................$15.000.00
ADDITIONALFUNDING(IF NECESSARY)................................................................................................................................................................$0.00
REMAINING FUNDS AVAILABLE FOR CHANGE ORDER......................................................................................................................................$15,000.00
IN ACCORDANCE WITH THIS CHANGE ORDER,THE CONTRACTOR SHALL:
Change Order#I extends the contractual date of substantial completion from January 2,2011 to April 7,2011,providing the Contractor an additional 95 calendar days for
substantial completion due to the unexpected resignation of the Contractor's project superintendent as well the severe weather that occurred in February 2011.
All field work was completed on this project on July 21,2011. As part of Change Order#I,the contractual date of final completion shall be extended from February 1,2011
to July 21,2011,a total extension of 170 calendar days. The Contractor will compensate the City for the inspector's time spent at the project site from April 7,2011 (date of
substantial completion)to July 21,2011 (date of field work completion). The total inspection time during this time period is 86.75 hours at a billing rate of$32.51 per hour
for a total amount of$2,820. This amount will be subtracted from the final contract cost.
Staff has reviewed this change order and is in agreement with the scope of work, the schedule extension, and the associated costs. Documentation providing additional
information is attached to and made part of this change order.
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 in time and money)for all costs arising out of,or incidental to,the Change Order.
ORIGINAL CONTRACT TIME I ADDITIONAL APPROVED TIME TO DATE APPROVED CONTRACT TIME I ADDITIONAL TIME FOR THIS CHANGE
TO DATE ORDER
180 Calendar Da s None 180 Calendar Days / 170 Calendar Days
/
CONTRACTOR DATE Q ( PROJECT MANAGER a L� '^ DATE
MANAGER/CONST.SER. DATE l DIRECTOR/MANAGING DEPT. DATE
D O NTRACTIN D DA CITY A DATE
CITY MANAGER DATE COUNCIL ACTION(IF REQUIRED): DATE
io/s/r1 ❑ APPROVED ❑DISAPPROVED ❑ OTHER
At>bested by: pa�''� fO!"r
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Marty Hendrix, ity S v o CITY SECRETARY
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10-06-11 A10: 21 IN
FORTWORTH
July 21, 2011
Mr. Charles E. Laughley
President
Laughley Bridge and Construction, Inc.
P.O. Box 123800
Fort Worth,TX 76121-3800
RE: Fort Worth Western Hills Lift Station Replacement Project
City of Fort Worth Project No.01316
Dear Mr. Laughley:
On June 23id, we met at the site to discuss project closeout issues, including final punch list items,
project schedule, and closeout documentation. At that meeting, we agreed that it was in both parties
interest to dose this project out as quickly as possible.
On July 2&, the city project inspector met with your project superintendent to review the remaining
field work necessary for final completion of the project. I am happy to report that with the completion
of the following four items,the field work will be considered complete:
1. Install electrical wire and startup odor control unit
2. Re-install submersible sump pump,pipe,and fittings
3. Fix leaking air release valve and replace ARV fittings
4. Grout around valve vault access hatch
To date,a total of$264,405.90 has been paid to Laughley Bridge out of a$310,922.00 contract.
As you are aware, this project has exceeded the contractual time allotted for this project. The contract
allows for liquidated damages to be assessed at an amount of$210.00 per calendar day. The effective
date of the notice to proceed was July 6,2010 with substantial completion required by January 2, 2011
and final completion required by February 1, 2011. On January 8, 2011 i sent an e-mail to you
requesting that you provide a contract extension request. On January 13, 2011, 1 received an e-mail
requesting an additional 60 days for completion. On February 18,20111 received a revised construction
schedule from you, showing substantial completion projected for March 3 and projected final
completion on March 23, 2011. According to the City's records, actual substantial completion on this
project was not obtained until April 7d', 2011 with the transfer of wastewater from the old lift station to
the new lift station. As noted above, there are still four punch-list items before the project can be
considered as achieving final completion.
WATER DEPARTMENT
PRonucnon Dm=N
TFs Crrr oR Fowr Wom * 1511 1 ITH AvMX * Farr WORM Tow 76102
(817)871-8258 * FAx(817)871-8410
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Prior to final payment, a change order needs to be processed extending the substantial and final
completion dates an additional 60 calendar days to March 3 and April 3 respectively. Since both of
these dates occur prior to the actual substantial and final completion dates, however, I have suggested
that the City assess reasonable liquidated damages. At our meeting on June 23`d, I suggested a
liquidated damages model for only the additional time required to obtain substantial completion and
only charge you for the project inspector's time at the site after substantial completion. As I recall,you
were going to think about it and come back to me with another option to address the late completion. I
respectfully request a response to my liquidated damages proposal.
The City of Fort Worth desires to close out this contract as quickly as possible. In order to do so,
however, I will need to receive O&M manuals for equipment which include warranty contracts, an
affidavit of payment of debts and claims, and a consent of surety for final payment. Also, please be
aware that I was copied on correspondence of April 27 and July 18,2011 from WHECO Controls to your
surety stating they are owed$67,892.00 for electrical and control work performed on this contract.
Please contact me to discuss the proposed change order as well as your proposal for addressing the late
completion. Should we agree on the terms, I will route the change order for approval by my superiors.
Once the change order is executed, and upon receipt of the aforementioned O&M manuals, affidavit of
bills paid,and consent of surety,a final payment can be issued to Laughley Bridge.
Sincerely,
�L N °�xCL,
Chris Harder,P.E.,
Engineering Manager
Fort Worth Water Department
CC: Mike Hill, Project Inspector
File
LA UGMEY OR/DGE 8 CONSTRUCT/ONE/NC.
P. O. BOX 123800•FORT WORTH,TEXAS 76121-3800
817-401-3306.817-341-1707 FAX
August 17, 2011
Mr. Chris Harder, P.E.
Engineering Manager
City of Fort Worth
Water Department
920 Fournier Street
Fort Worth, Texas 76102
Re: Fort Worth Western Hills Lift Station Replacement Project
City of Fort Worth Project No. 01316
Dear Mr. Harder:
The following letter is in response to your project closeout letter dated July 21, 2011.
Your letter states that as of July 20th, there were four remaining punch-list items for
project completion to be obtained. All four items were completed, per the city project
inspector, on the morning of July 21St.
Laughley Bridge & Construction, Inc. (LBC) disagrees with your position on assessing
liquidated damages for the additional days that were required to obtain substantial and
final completion.
LBC believes that the project took additional days to complete due to many factors that
were not of our control or that were changes in the scope of our original contract, thus
adding additional work, by the City of Fort Worth. Some of these are stated below:
• In February, the weather reached historically low temperatures and did not allow
for work to be performed on this project. The saturated conditions afterwards did
not allow access for the proper work to be performed. For this delay, LBC is
requesting 30 additional days be added to our contract.
• Changes were made, by the City of Fort Worth, to the electrical rack concrete
foundation pad near the end of the project. This late change resulted in
additional coordination between the city, LBC, and our electrical subcontractor.
For this additional coordination and work, LBC is requesting 14 days be added
to our contract.
LAUONLEY BRIDGE S CONSTRUCTION,INC.(LBC)IS A CERTIFIED D/MBE CONTRACTOR PER NCTRCA.
Pay 1 of 2
LAUGNLEY BRIDGE 8 CONSTRUCT/ON, /NC.
P. O. BOX 123800•FORT WORTH,TEXAS 76121-3800
817-401-3306.817-341-1707 FAX
• As stated in a previous request, LBC's original Project Mananger/Superintendent
for this project, Mr. Charles Allen, left unexpectedly to pursue other endeavors.
At the time, LBC assumed that the project could be completed in 60 days.
However, we drastically under estimated the amount of time, coordination, &
attention to detail that it actually took to complete the project. We had previously
requested an additional 60 days, but should have requested an additional 120
days for completion. Mr. Allen's departure was a huge loss to our organizational
efforts for this project and therefore, LBC is requesting an additional 120 days be
added to our contract.
In conclusion, Laughley Bridge & Construction, Inc. is requesting an additional 164
days to added to our contract for substantial completion. LBC does agree that no
damages should be assessed after substantial completion due to the fact that the new
lift station was operational as of April 7. Although, LBC does not believe that any
liquidated damages should be assessed on this project, in an effort to compromise with
your request and closeout the project, we are willing to pay for the additional time that
the city project inspector spent at the site between substantial completion and final
completion.
Please note that Laughley Bridge & Construction, Inc. has not submitted a request for
any monetary change orders on this project, even though additional items and other
changes to scope were performed. LBC believes that even with the difficulties of
installing this project on time and under budget, a quality product was produced and
that the future relationship between the City of Fort Worth Water Department and
Laughley Bridge & Construction, Inc. is far more valuable.
Please do not hesitate to call if you have any questions or comments.
Sincerely,
Charles E. Laughley
Laughley Bridge & Construction, Inc. (LBC)
LAUGHLEY BRIDGE d CONSTRUCTION,INC.(LBC)IS A CERTIFIED DAWBE CONTRACTOR PER NCTRCA.
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