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  County Administrator's Report     10. 24.    
BCC Regular Meeting Budget & Finance Consent  
Meeting Date: 09/03/2015  
Issue:    Contract 13-14.072 Blue Springs/Crescent Lake April 2014 Flood Emergency Repairs
From: Joy D. Blackmon, P.E.
Department: Public Works  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning the Contract for Blue Springs/Crescent Lake April 2014 Flood Emergency Repairs - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the Contract PD 13-14.072, Blue Springs/Crescent Lake April 2014 Flood Emergency Repairs:

A. Approve June 5, 2015, as the date of Substantial Completion for this project; and

B. Approve assessing liquidated damages to the contractor, Hewes and Company, LLC, in the amount of $21,000, per the terms of Contract PD 13-14.072, Blue Springs/Crescent Lake April 2014 Flood Emergency Repairs.
 
[Funding:  Funds are available in Fund 112, "Disaster Recovery Fund," Cost Center 330492, Object Code 56301, Project #ESCPW17]
BACKGROUND:
The April 2014 flood event in Escambia County created substantial damage on Blue Springs Drive in the Crescent Lake Subdivision. Meeting in regular session on August 21, 2014, Escambia County awarded Contract PD 13-14.072, in the amount of $499,923.43 to Hewes and Company, LLC, to perform the necessary repairs to this street.
 
A Notice to Proceed was issued to Hewes and Co, LLC on September 2, 2014. The contract timeline is as follows:
  • 09/02/2014 – Notice to Proceed
  • 09/17/2014 – Stop work order was issued to allow for utility work
  • 11/13/2014 – Resume work order
  • 05/12/2015 – End Contract Date
  • 05/13/2015 – County began to assess Liquidated Damages at $1,000 per day
  • 06/05/2015 – Substantial Completion as agreed upon by the county and Hewes and Company, LLC – county ceased assessment of Liquidated Damages
  • 08/18/2015 – Final Completion
The contractor, Hewes and Company, LLC did not complete the project on time, not reaching substantial completion until June 5, 2015, and not completing the project wholly until August 18, 2015. As a result, Escambia County began assessing liquidated damages on May 13, 2015, at a rate of $1,000 per day; the county also agreed to a substantial completion date of June 5, 2015, at which time the assessment of liquidated damages ceased. The total amount of liquidated damages assessed is $21,000 ($18,000 for May and $3,000 for June).
 
It should be noted that it appears the largest factor in delaying completion was that there were 135 days with three or fewer workers on-site, and 81 of those days there were zero workers on-site. Additionally, during creation of the 2nd change order, extensive collaboration was held with Hewes to determine a reasonable and very attainable new completion date. Furthermore, throughout construction, on-site workers expressed their frustration to staff over the lack of sufficient manpower, equipment, and materials being available for them to do the work.
 
# of workers
on-site  
0 2 3 4 6 7 10 19 (Paving crew) *201 Total work 
# of days 81 0 15 39 20 2 25 11 5 1 1 1  days considered  

*NOTE: Only Monday through Saturday was considered between September 2, 2014 and July 31, 2015. This breakdown did not include: the 58 days between September 17, 2014 to November 14, 2014, when the “Stop Work” order was in effect, approved rain days, Christmas Eve, Christmas Day, New Year’s Eve, New Year’s Day, or approved delay/recovery days.
BUDGETARY IMPACT:
Funds are available in Fund 112 "Disaster Recovery Fund", Cost Center 330492, Object Code 56301, Project #ESCPW17.
LEGAL CONSIDERATIONS/SIGN-OFF:
N/A
PERSONNEL:
N/A
POLICY/REQUIREMENT FOR BOARD ACTION:
This recommendation is in compliance with the provisions of the Code of Ordinances of Escambia County, Florida, Chapter 46, Finance, Article II, Purchases and Contracts.

 
IMPLEMENTATION/COORDINATION:
N/A

Attachments
08212014 BCC Action
Original PO_Hewes
CO_Hewes

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