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County Administrator's Report 13. 16.
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| BCC Regular Meeting |
Budget & Finance Consent |
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| 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 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.
The contractor, Hewes & Company, LLC, did not complete the project on time, as substantial completion was not reached until July 25, 2015. However, Hewes & Company felt the project was substantially complete on June 5, 2015, the day the paving was completed. County staff began assessing $1,000/day in liquidated damages on May 13, 2015, and, in consideration of Hewes' request, ended assessment of liquidated damages as of June 5, 2015. The total amount of liquidated damages assessed is $21,000 ($18,000 for May and $3,000 for June).
[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 time line is as follows:
- 09/02/2014 – Notice to Proceed
- 09/17/2014 – Stop work order was issued to allow for plan revisions for full roadway replacement, instead of replacing sections and mill and resurface other sections
- 11/14/2014 – Resume work order
- 05/12/2015 – End Contract Date
- 05/13/2015 – County began assessing Liquidated Damages at $1,000 per day
- 06/05/2015 – County ceased assessment of Liquidated Damages
- 07/25/2015 – Engineer of Record determined Substantial Completion
- 08/18/2015 – Final Completion
The contractor, Hewes & Company, LLC, did not complete the project on time, as substantial completion was not reached until July 25th. However, Hewes & Company felt the project was substantially complete on June 5, 2015, the day the paving was completed. County staff began assessing $1,000/day in liquidated damages on May 13, 2015, and, in consideration of Hewes' request, ended assessment of liquidated damages as of June 5, 2015. The total amount of liquidated damages assessed is $21,000 ($18,000 for May and $3,000 for June).
It appears the largest factor in delaying completion was that there 61 days with 0 workers on site – this calculation is not inclusive of the stop work order, delay, weather/recovery days, Sundays, Christmas Eve, Christmas, New Years Eve, and New Years. 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, onsite workers expressed their frustration to staff over the lack of sufficient manpower, equipment, and materials being available to do the work. |
| 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 |
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