ST9302-AG010227F
COPPLIJL AGENDA REQUEST FORMs /q
CITY COUNCIL MEETING: February 27, 2001 ITEM
ITEM CAPTION:
Update and discussion concerning the stares of Sandy Lake Road completion.
TITLE: [ Director of Engineering/Public W~rks
STAFF COMMB~ ~
See attached memo.
BUDGET AMT. $ AMT. EST. $ +k-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: l(.? FIN. REVIEW:~(~4,.~ CITY MANAGER REVIEW: ~
Agenda Request Form - Revised 5/00 Document Name: #eng2
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council Members
From: Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works V~
Date: February 27, 2001
RE: Update and discussion concerning the status of Sandy Lake Road completion (ST 93-02)
In August 1998 City Council awarded the construction of Sandy Lake Road from Denton Tap to
approximately 300 feet west of MacArthur Blvd. to Ed Bell Construction Company. When we bid
projects, we allow the contractor to bid the number of calendar days that they anticipate it will take to
complete the project. In this case, Ed Bell Construction Company bid 850 calendar days. There were four
bidders on the project. The engineers' estimate for time of completion was 730 calendar days. The
calendar days bid by the four contractors were 700, 730, 780 and 850.
On October 15, 1998, a Notice to Proceed was issued to Ed Bell Construction to begin construction.
Typically, the calendar days start when work begins or no later than 10 days after the date on the Notice to
Proceed. In this case, Ed Bell began construction prior to the expiration of ten days. Therefore, the
calendar days on this project commenced on October 19, 1998. A copy of the Notice to Proceed is
attached.
The original time on this project would have expired on February 14, 2001. However, there have been six
change orders on this project. They are as follows:
Change Order #1 was for temporary water services necessary for construction and added 14 days to the
contract;
Change Order #2 was for electrical conduit and additional valves on our existing 16" water line and added 27
days to the contract;
Change Order #3 increased the cement content of the concrete. This added no time to the contract;
Change Order//4 extended our 30" waterline into the ground storage tanks at Kimbel Court and Village
Parkway and added 30 days to the contract;
Change Order #5 extended the project from 300 feet west of MacArthur through the MacArthur intersection
to Kimbel Court and added 120 days to the contract;
Change Order #6 was for a transitional structure to avoid a Lone Star Gas 16" pipeline at Moore Road and
added 14 days to the contract.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
In total, the six change orders have added 205 calendar days to the completion time of Sandy Lake Rd. The
completion time is now 1055 calendar days. Based on the change orders, the new date for completion should
be September 7, 2001. However, on February 19, 2001 I received the revised completion schedule for Sandy
Lake Road, which shows a completion date of approximately January 25, 2002. This equates to 1195
calendar days or 140 days over the approved calendar days for Sandy Lake Rd. The 140 days over the
approved time is approximately a 13% overrun in time on the project.
The contract allows for liquidated damages of $500/per day for every day over the approved calendar days.
This equates to approximately $70,000 liquidated damages for this project. I have attached a copy of the
most recent schedule submitted by Ed Bell Construction Company. One thing to note on the schedule is that
no time has been allocated to remove and replace portions of the north side paving from Moore Road to
Denton Tap Road. This will obviously lengthen completion time and increase the potential liquidated
damages for this project.
Ed Bell Construction may raise issues concerning delays on this project that potentially were beyond their
control, such as, relocation of existing utilities. However, the North Central Texas Council of Governments
is very clear on procedures to follow when contractors believe an extension of time is warranted. First and
foremost, the contractor must submit a request in writing to the owner, i.e. the City of Coppell, within seven
days from and after the time when any alleged cause of delay has occurred. The City then has the option to
approve additional time. I have included copies of Section 1.36 of the North Central Texas Council of
Government. Also, we amended North Central Texas Council of Governments Section 1.36 in our
specifications by adding the following: "No extension of the contract time shall be allowed unless the
contractor can demonstrate the delay caused an adverse impact to the critical path and that loss of time
cannot be made up by revising the sequence of work of the project." The numerous conflicts on the projects
have been discussed during various meetings with the contractor but unless the contractor submits an official
request in writing for additional time and also a revised schedule showing that the critical path has been
adversely impacted, the City cannot respond. As of this date, no official request for an extension of time has
been provided to the City by the contractor.
While at times it appears the contractor has not been actively pursuing the completion of the project, it is
important to note that the City cannot direct the activities of the contractor during the performance of his
contract. It is entirely the contractor's responsibility to sequence the work and meet the requirements of the
contract. The City does offer suggestions and approvals of traffic control plans. But again, the City does not
dictate what activities the contractor will undertake on a day to day basis.
Numerous times my office has received complaints from citizens concerning the lack of activity on the
project. Upon investigation, it is apparent that the contractor may be working on one end of the two-mile
project and the complainant may have been driving at the other end of the project. This is frequently the case
when vehicles are driving between Denton Tap and Moore Road and complain about the lack of activity
when the contractor is fully mobilized and working near the MacArthur intersection. Also, while the
contractor may be working on the project at one location, there are numerous components of the project that
could be happening simultaneously. A case in point is that while they are constructing improvements near
MacArthur there are still retaining walls to be reconstructed near Heartz Road, clean-up at various locations,
sidewalks and drive approaches to be constructed, etc.
Staff will be available to discuss this project in greater detail at the Council meeting.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
Kimley-Horn
and Associates, Inc.
October 15, 1998 ·
Suite 1100
801 Cherry Street
Mr. Steven Priddy Fort Worlh, Texas
Ed Bell Construction Co. 76102-6803
10605 Harry Hines
Dallas, TX 75220
Re: Notice to Proceed
Sandy Lake Road Paving, Drainage, & Water System Improvements
KHA No. 06940600
Coppell No. ST 93-02
DWU No. 98-311F
Dear Mr. Priddy:
On behalf of the City of Coppell, this letter will serve as your official Notice to
Proceed with the construction of the project. The contract time will commence
on October 19, 1998 with construction to be complete within 850 calendar days,
on or before February 14, 2001.
Please acknowledge receipt of this notice by signing and returning the attached
copy of this letter.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Paul M. Hames, P.E.
PMH/MGD:pts
Copy to:
Ken Griffin, P.E., City of Coppell
P:\93021.00\93021LT Rhh'rP.do~
RECEIPT ACKNOWLEDGED:
By: Date:
·
TEL 817 335 6511
MET 817 654 4266
FAX 817 335 5O70
° FAX (214) 352-3201 TELEPHONE (214) 358-6581
ED BELL CONSTRUCTION COMPANY
POST OFFICE BOX 540787 10605 HARRY HINES
DALLAS, TEXAS 75354-0787 DALLAS, TEXAS 75220
February 17, 2001
Mr. Kenneth M. Griffin, P.E.
Director of Engineering and Public Works
City of Coppell
255 Parkway Blvd.
Coppell, Texas 75019-4409
Re: Sandy Lake Road Reconstruction
Coppell Project #: ST 93-02
Kimley-Hom Project #: 06940600
DWU Project #: 98-311F
Dear Mr. Griffin:
Enclosed for your review is our project schedule for the remainder of the project. This schedule
reflects completion of the DWU lowerings prior to any work to progress the concrete pavement
in the MacArthur intersection. As a result, the project completion date has slipped to January
2002. The critical path of the project is now focused upon the four quadrants of the MacArthur
intersection. EBCC will explore construction methods that will accelerate this work.
Our September 11, 2000 schedule indicated our desire to start the intersection work in November
2000 and complete the SE quadrant prior to the DWU water line lowering in the MacArthur
intersection. Numerous conflicts at the MacArthur intersection have prevented any work in that
intersection and have resulted in significant delays that have affected the completion date of this
project.
If you have any questions regarding this schedule, don't hesitate to contact our office.
~erely,
onst~on Company
Rbbert D. Weber '
Project Manager
xc: Michael G. DeMotte, Kimley-Horn and Associates, Inc., 801 Cherry Street, Suite 1100
Fort Worth, Texas 76102-6803
AN EQUAL OPPORTUNITY EMPLOYER
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Standard Specifications for
Public Works Construction
North Central Texas
Third Edition 1998
North Central Texas Council of Gowmments
616 SLx Flags Drive, Suite 200
P. O. 5888
Arlington, Texas 76005-5888
(817) 64O-3300
1998 North Central Texas CounCil of Governments
Item 1.35. GENERAL PROVISIONS
ITEM 1.35. USE OF COMPLETED PORTIONS OF WORK
The OWNER may, after written notice to the CONTRACTOR, and without incurring any liability for increased compen-
sation to the CONTRACTOR, take over and use any completed portion of the work prior to the final completion and
acceptance of the entire work included in the contract, and notwithstanding that the time allowed for final completion
has not expired. The CONTRACTOR shall not object to, nor interfere in any way with, such occupancy or use after re-
ceipt of the OWNER'S written notice.
Immediately prior to such occupancy and use, the OWNER shall inspect such portion of the work to be taken over
and shall furnish the CONTRACTOR a written statement of the work, if any, still to be done on such part. The
CONTRACTOR shall promptly thereafter complete such unfinished work to permit occupancy and use on the date
specified in the OWNER'S written order, unless the OWNER shall permit specific items of work to be finished after the
occupancy and use by the OWNER.
The provisions in the last two paragraphs above shall not apply to portions of roads, streets, bridges or detours
upon which traffic is diverted to enable the continuation of the contract work.
In the event the CONTRACTOR is unreasonably delayed by the OWNER exercising its rights under this section, the
CONTRACTOR may submit a request for an extension of time under Section 1.36.; no claim, however, for additional
compensation may be filed.
ITEM 1.36. DELAYS; EXTENSION OF TIME; LIQUIDATED DAMAGES
The CONTRACTOR shall be entitled to an extension of working time under this contract only when claim for such ex-
tension 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, and then only when such time is approved by the OWNER. In adjusting the
contract working time for the completion of the project, unforeseeable causes beyond the control and without the
fault or negligence of the CONTRACTOR, including but not restricted to ilmbility to obtain supplies and materials, acts
of God or the public enemy, acts of the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight em-
bargoes, unusually severe weather conditions or delays of subcontractors due to such causes beyond their control
shall be taken into consideration.
If the satisfactory execution and completion of the contract should require work and materials in greater amounts
or quantities than those set forth in the contract, requiring more time for completion than the anticipated time, then
the contract working time shall be equitably increased, but not more than in the same proportion as the cost of the
additional work bears to the cost of the original work contracted for. No allowances shall be made for delays or sus-
pension of the performance of the work due to the fault of the CONTRACTOR.
No adjustment to working time shall be made if, concurrently with the equitable cause for delay, there existed a
cause for delay due to the fault or negligence of the CONTRACTOR, his agents, employees or subcontractors; and no
adjustment shall be made to the contract price and the CONTRACTOR shall not be entitled to claim or receive any ad-
ditional compensation as a result of or arising out of any delay resulting in adjustment to the working time hereunder,
including delays caused by the acts or negligence of the OWNER. Notwithstanding any other provision of the contract
documents, all claims for extension of working time must be submitted in accordance with Item 1.36., and no act of
the OWNER shall be deemed a waiver or entitlement of such extension.
1.36.1. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME
The time of completion is the essence of this contract. For each calendar day that any work shall remain uncom-
pleted after the time specified in the proposal and the contract, or the increased time granted by the OWNER, or as eq-
uitably increased by additional work or materials ordered after the contract is signed, the sum per day given in the
e-I.wing schedule, unless otherwise specified in the special provisions, shall be deducted from the monies due the
,-'RACTOR:
30 JANUARY 1998
GENERAL PROVISIONS Item 1.36.1.
Amount of Contract ($) Amount of Liquidated Damages ($)
Less than 5,000.00 60.00 Per Day
5,000.00 to 14,999.99 80.00 Per Day
15,000.00 to 24,999.99 100.00 Per Day
25,000.00 to 49,999.99 120.00 Per Day
50,000.00 to 99,999.99 160.00 Per Day
100,000.00 to 1,000,000.00 240.00 Per Day
More than 1,000,000.00 500.00 Per Day
The sum of money thus deducted for such delay, failure or noncompletion is not to be considered as a penalty, but
shall be deemed, taken and treated as reasonable liquidated damages, per calendar day that the CONTRACTOR shall be
in default after the time stipulated in the contract for completing the work. The said amounts are fixed and agreed
upon by and between OWNER and CONTRACTOR because of the impracticability and extreme difficulty of fixing and
ascertaining the actual damages the OWNER in such event would sustain; and said amounts are agreed to be the
amount of damages which the OWNER would sustain and which shall be retained from the monies due, or that may
become due, the CONTRACTOR under this contract; and if said monies be insufficient to cover the amount owing, then
the CONTRACTOR or his surety shall pay any additional amounts due.
ITEM 1.37. CHANGE OR MODIFICATION OF CONTRACT
1.37.1. INCREASED OR DECREASED QUANTITIES OF WORK
The OWNER reserves the right to make changes in the quantities of the work, as may be considered necessary or de-
sirable, and such changes shall not be considered as waiving or invalidating any conditions or provisions of the con-
tract or bonds. The CONTRACTOR shall perform the work as altered, whether increased or decreased, and no
allowances shall be made for anticipated profits.
The OWNER reserves the right to decrease the work under this contract. Payment to the CONTRACTOR for the
contract items shall be made for the actual quantities of work performed and material furnished at the unit prices set
forth in the contract, except as provided below.
When the quantity of work to be done or of materials to be furnished under any major item of the contract is
more than 125 percent of the quantity stated in the contract, then either party to the contract, upon demand, shall be
entitled to negotiate for revised consideration on the portion of work above 125 percent of the quantity stated in the
contract.
When the quantity of work to be done or of materials to be furnished under any major item of the contract is less
than 75 percent of the quantity stated in the contract, then either party to the contract, upon demand, shall be entitled
to negotiate for revised consideration on the work performed.
Any revised consideration shall be paid for as is hereinafter provided under Item 1.38. The foregoing notwith-
standing, the total original contract shall not be increased more than 25 percent or reduced by more than 25 percent
without the written consent of the CONTRACTOR.
1.37.2. ALTERATION OF PLANS AND SPECIFICATIONS
The OWNER reserves the right to make such changes in the plans and specifications and in the character of the work
as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not
materially alter the original plans and specifications or change the general nature of the work as a whole. Such
changes shall not be considered as waiving or invalidating any condition or provision of the contract and bonds.
Such changes shall be issued by the Engineer.
1.37.3. EXTRA WORK
When any work is necessary, to the proper completion of the project and for which no prices are provided for in the
proposal and contract, the CONTRACTOR shall do such work, but only when and as ordered in writing by the Engineer.
Payment for extra work shall be made as hereinafter provided in Item 1.38.
JANUARY 1998 31
ITEM 1.32 - WORKING AREA; COORDINATION WITH OTHER CONTRACTORS~ ~.
FINAL CLEANUP ~
SC-1.32.1
Delete Item 1.32.1 in its entirety and insert the following in lieu thereof:
"Construction stakes/surveying shall be provided by the CONTRACTOR. Vertical control
has been established as shown on the construction plans. Horizontal control can be
established from existing manholes, street intersections or property lines indicated on the
construction plans. The Contractor shall be responsible for establishing all lines and
grades, and the precise location of all proposed facilities. The ENGINEER may make
checks as the Work progresses to verify lines and grades established by the Contractor to
determine the conformance of the completed Work as it progresses with the requirements
of the construction documents. Such checking by the Engineer shall not relieve the
Contractor of his responsibility to perform all Work in connection with Contract Drawings
and Specifications and the lines and grades given therein."
ITEM 1.33 - OTHER CONTRACTORS; OBLIGATION TO COOPERATE
SC-1.33
Delete the last sentence of the second paragraph and substitute the following in lieu thereof:
"In such event, Contractor shall be entitled to an extension of working time only for
unavoidable delays verified by the Engineers, as provided in Item 1.36; however, no
increase in the contract price shall be due the Contractor."
Insert the following sentence at the end of the second paragraph of Item 1.33:
"The ENGINEER shall coordinate such other work with the CONTRACTOR and schedule
events to minimize delay caused to the CONTRACTOR. No additional time shall be given
to the CONTRACTOR of such related work except as provided in Item 1.36."
ITEM 1.36 - DELAYS; EXTENSION OF TIME; LIQUIDATED DAMAGES
SC-1.36
Add the following at the end of the last paragraph in Item 1.36: "No extension of the
contract time shall be allowed unless the CONTRACTOR can demonstrate the delay caused
an adverse impact to the critical path and that loss of time can not be made up by revising
the sequence of the work of the project."
2-6 Supplementary Conditions to
Standard Specifications
..,