ST9601-CS000113 Coppell, Texas 75019
. 972-462-0022
COPPELL, TEXAS 75019
January 13, 2000
Mr. Robert Caudill
Tiseo Paving
P.O. Box 270040
Dallas, Texas 75227-0040
RE: Wrangler Drive Project ST 96-01
Dear Mr. Caudill:
As the City proceeds with ~nalizing the referenced project the issues regarding liquidated damages need
to be addressed. We have received and reviewed your written request for additional days as
summarized below:
1. Nine additional days for Change Order//1.
2. Seven additional days for additional storm drainage work that was performed to
accommodate new development on Enterprise Drive.
3. Fifty additional days due to weather conditions.
4. Ninety days due to utility conflicts.
5. Fourteen days due to delay in starting Phase II to notify parents and students at Coppell
Middle School West.
6. Thirty days due to a shortage of supplies for concrete box culvert.
Of the items listed above a written request for additional construction days was provided for item #2 on
July 16, 1998, as required in the General Provisions. As stated in Item 1.36 "... claim for such
extension is submitted to the OWNER in writing by the CONTRACTOR within seven days from and
after the time when any alleged cause of delay shall occur." This was stated at each project meeting
with you.
A letter was received on November 17, 1998 concerning item #4 stating that crews have been pulled
from the job due to utility conflicts and a request was made that any delay in time should not be
charged. The City did not receive a follow-up letter requesting 90 additional days until November 19.
1999, which was not within 7 days after the time when the alleged cause of the delay occurred.
For the past few months Larry Davis, Mike Jones and myself have requested a Critical Path Schedule
for the project which demonstrates that the critical path was adversely impacted and that any loss of
time could not have been made up by revising the sequence of work for the project in accordance with
Item SC-1.36 of the Supplementary Conditions.
With the absence of a Critical Path Schedule, the request for additional days cannot be supported. The
total time charged was 422 days as of the date of the Final Walk-thru (August 5, 1999). An additional
47 days passed before the date of the follow-up walk-thru (September 20, 1999). The total contract
time charged equals 469 days including workdays and time required to complete the City's punch list
(reference Item 1.6 of Special Project Requirements.) Liquidated damages are charged at $500/per day
for time exceeding the bid contract days of 300. Therefore, liquidated damage will be $84,500.
Please forward final pay request reflecting the adjustment as indicated above so that a final payment can
be made. If you have any questions or comments you can reach me at 972/304-3679.
Sincerely,
Michael A. Martin, P.E.
Assistant City Engineer
cc: Ken Griffin, P.E., Dir. of Engineering/Public Works
Angelo Tiseo, Tiseo Paving fax # 972/216-5637
Claude Odinot, Tiseo Paving fax # 972/216-5637
Mike Jones, P.E., Teague Nall& Perkins fax # 972/251-4348
Bob Hager, City Attorney
Jim Ragsdill, Purchasing Agent