ST9401WA-CS 961209The City With A Beautiful Future
214-462-0022
December 9, 1996
Charles C. Allen
J.C. Evans Construction
3900 Valley View Lane
Irving, TX 75062
RE: Denton Tap Road 16" Water Line Project ST 94-01 WA
Dear Mr. Allen:
This letter is written in response to your October 23, 1996 letter requesting additional time
for the construction of the 16" water line. Your letter has been reviewed by myself, Mike
Martin and Garreth Campbell. After our review, it is the City's decision that no additional
time will be provided for the construction of the 16" water line along Denton Tap Road.
This project started on April 16, 1996 and on October 23, 1996 all samples had been taken
and approved and the water line was placed in service. This project was bid by your f'trm
to be substantially complete within 60 working days, i.e. water line in service. The amount
of time used was 84 working days.
Your October 23, 1996 letter provided six areas where you requested additional time. Each
of those will be discussed in detail.
Request of seven days for an additional 235 linear foot of 12" water line. The
Change Order was provided to you on March 26, 1996 prior to the beginning of
construction. At that time you did not request any additional time for the
installation of this water line. The work was performed in June and the Change
Order was subsequently signed and processed in August. Because you requested no
additional time on the initial Change Order, no additional time will be granted.
Request of additional three working days for 90 linear foot of steel casing. This
work was performed in the month of June. Revised plans were provided on June
7, 1996 and a meeting was held on the site on June 26. Your letter indicates that
you had to remove water line that had been installed, install the casing then reinstall
the water line. However, the revised plans had been provided prior to the
installation of the water line that had to be removed. Therefore, no additional time
will be granted.
o
Request of additional ten working days for delivery of casing, No additional time
will be granted for this, as you were aware of the additional casing prior to the work
being completed.
o
Request of additional eight working days for quality of the superintendent's work.
This is an internal problem of J.C. Evans Construction and not anything that the
City would consider for additional time.
Request of additional four working days for the depth of the existing 6" water line.
The plans do not indicate the depth of the existing water line. Your letter indicates
that you were told that the line had five feet of cover. I am unsure where this
information was obtained, however, no additional time will be given for the
additional depth of the 6" water line.
Request of additional three working days for bracing the supports along the bridge.
I am unsure of how the additional bracing of the supports would extend the time for
the completion of the water line. Therefore, no additional time will be granted for
that item.
It is the City's opinion that this water line could have been completed within the specified
60 working days by J.C. Evans. The water line was ready to be sampled on August 12.
You may recall that the City flushed the line for J.C. Evans on that date, however, no
samples were taken. During our meeting, we talked about why this line had not been
completed and a statement was made that J.C. Evans was unaware of the importance of
completing the line. Obviously, this is not a decision to be made by the contractor but by
the City. The only consideration that will be given on the liquidated damages on this
project is that it will be assessed at the amount of $240 per day in accordance with Section
1.36.1 entitled "Liquidated Damages for Failure to Complete on Time" in the Standard
Specifications for Public Works North Central Texas. The contract that J.C. Evans signed
stipulated liquidated damages at $400 per day. The higher amount was initially placed in
the contract to insure that the water line was in place to accommodate development that
was taking place along S.H. 121 Bypass and adjacent to Denton Tap Road. That
development proceeded slower than anticipated, so therefore, the City is willing to consider
the liquidated damages of $240 per day.
The total amount of liquidated damages to be deducted from the final payment to J.C.
Evans will be $5,760.00 ($240 per day x 24 days).
Sincerely,
Kenneth M. Griffin, P.E.
Director of Public Works/City Engineer