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HomeMy WebLinkAboutEsterson Construction Company Hickory Grove Park Road Change Order No. 17 -2003 12 01 ( Esterson Construction Company, Inc. 1235 Myrtle Street Sanford, Florida. 32773 Phone 407-323-1048 Fax 407-323-7996 December 01, 2003 Mr. Allen C. Lane, Jr. P.E. CPH Engineers, Inc. 1117 East Robinson street Orlando, Florida. 32801 RE: (a) City of Winter Springs, Hickory Grove Park Road and Tuskawilla Road Roadway Improvements. CPH Project Number W04l00.l (b) CPH letter dated September 4, 2003, referencing above project. Dear Allen: As your letter refers to "four copies of Section 00680, Application for Payment for the above listed project. This is the final payment application for this project.", we offer the following responses. 1. On June 4, 2003, this company received a letter from Michelle A. Reddin, who is one of the City of Winter Springs attorneys, directing our attention to Section 800 of the Specifications/Supplemental Conditions, regarding execution of change orders. This item, SC-10.03.A.5, coupled with the City's replacement of the change order form and procedures which were to be used with the contract documents and the specifications, and since your letter admits that the project has yet to be closed out by the City, we submit the following final change order/final payment application as per your letter of September 4, 2003, and the letter of June 4, 2003, by Michelle A. Reddin. SECTION 00681 CONTRACT CHANGE ORDER Change Order No.ll Engineer Project No. W04100 Project Title: Hickory Grove Park Road and Tuskawilla Road Roadway Improvements Reason for Change: City's modification of contract documents use, Changes to the plans, Deficient plans, Additional Work Breakdown of Proposed Changes and Basis for Payment (Includes pertinent drawings, specifications, and documentation where necessary) Item No. and Description Change in Contract Cost + (-) (a) Engineering of Sewer System, Hickory Grove, (deficient plans) + $ 3,412.00 (b) Engineering Stonn System, Hickory Grove, + $4,500.00 (deficient plans) (c) Extended Time, Hickory Grove, + $93,768.00 ~ d) Tuskawilla Road, extended labor and machine costs for the sewer system (e) Tuskawilla Road, extended costs for the storm system (t) Tuskawilla Road, owner caused change of conditions in construction of the road (g) Extended overhead on Hickory Grove and Tuskawilla Road (h) Temporary Labor Costs (i) Tuskawilla Road sewer, added construction, construct outside drop @manhole 6, not on bid plans (J) Tuskawilla Road sewer, seal manhole 6A, damaged by others, seal manhole 6, drop damaged by others (1) Total Proposed Change in Contract Cost + (-) (2) Original Contract Price (3) Total All Previous Change Orders (Change Order NO.1 thru 16) (4) New Contract Price (Total ofItem 1 through Item 3) (5) Original Contract Time (6) Addiitional days Approved (Change Order NO.1 through No. 16) (7) Current Contract Time (8) Additional Days Proposed (9) New Contract Time (Total ofItems 7 and 8) (10) New Construction Completion Date: 14 Mar 03 Recommended by Engm' eer: r' -7' ..-c:-- Accepted by Contractor: C /7_. ....:: Cdu~~ Accepted by Owner: + $91,551.00 + $68,241.00 +$37,880.00 + $73,669.20 + $46,711.04 + $3,500.00 + $2,337.00 + $425,569.24 $1,883,215.00 $308,095.52 $2,616,879.76 Days 270 Days 132 Days 402 Days 0 Days 402 Date: Date: II - / - 0 T Date: (Note to this Change Order: Inspection to the underdrain along both sides of Tuskawilla Road reveled extensive damage by others. No costs associated with the underdrain were contemplated in this change order. On Hickory Grove Road, now called Blumberg Boulevard, from station 104 to 110, no reconstruction or remedial work was contemplated for the pavement, due to the extreme deficiencies of the plans as to details and grades. If it is the City's wish to correct the underdrain or the pavement, a new correct set of plans should be issued for that work.) This change order is in accordance with the provisions of the contract documents and this change order complies with the requirements ofSC-10.03.A.5 As to your letter's reference to warranties remaining in effect, we point out to you that we have corresponded with our bonding company and the position of the bonding company is that the bond runs with the contract. We see no need in pointing out to you the many times the City has breached the contract. However, here are a few illustrations,. deficient plans, lack of easements and permits, refusal to honor the contract documents, inability to protect installed work, etc. Also in reference to warranties, we direct your attention to the City's taking possession of Hickory Grove on October 2, 2002. It is our position that since the City took possession, all warranties were null and void at the time of the City's action. As to any remaining warranties, we are sure that there are none. An inspection of all City documents pertaining to this project at the City Hall reveals no, I repeat, no records of any final inspection for either Hickory Grove or Tuskawilla Road, or any inspections of the water, sewer, or storm systems. We have in our files numerous letters referring to punch items, but no certificates of substantial completion as required by the contract documents. How would one warranty any items, if one does not know when the warranty began? In any case, the inspection of the underdrain on Tuskawilla Road shows the system to be damaged beyond repair. As the underdrain is the protective system for the brick pavers and the base and sub-base on Tuskawilla Road, and since it has ceased to function due to the damage it has sustained, we will not warranty any portion oftheTuskawilla road system. By conversations with other utility companies which installed work after we were off the site, we learned that the other companies were not even furnished plans showing work that we had installed previously. Case in point, the underdrain cleanouts were located by the City after the sidewalk contractor had poured the sidewalk. Consequently, many cleanouts are missing, many more are damaged. A written report on the underdrain is enclosed. Finally, your letter mentions some costs incurred by the City to conduit placed under Tuskawilla Road, in the amount of$I,500.00 On July 29,2003, a City Vacuum Truck exposed the conduits by the clock tower, at 10:30 a.m. I witnessed the conduits and recovered several pieces of the conduit, and observed a 1" cable running North and South, under the broken conduits. It was obvious to me that the conduits were broken when the unidentified cable was installed. It may have been a temporary Time Warner cable. The Vacuum truck was gone at 1500 hours. At about 1615 hours, Don Cheny from the City called me via Nextel Radio and said he thought our mixer had hit the conduits. I took the pieces of conduit I recovered and matched them to the tines on the mixer. It is obvious that the conduits did not get hit by the mixer, as all of the conduit pieces are longer than the gap between the tines. It is our position that the City must look elsewhere for it's warranty work. Change Order No. 17 is presented as per the Specifications in the body of this letter, Change Order No. 16 is for reference as enclosure 1. Note item 2, additional bond premium, which has not been paid. Change Order No. 17 is also constructed as per the City's unilateral decision as enclosure 2. Esterson Construction's inspection of the Tuskawilla underdrain is presented as enclosure 3. (<::., , -' (" / /.--t C' Sincerely, c/'- ;----- ( .....--;. ~JtZ~~~'0 Eric Esterson Vice-President, Esterson Construction Copy: Michele B. Kane, PA Enclosures, 1. Change Order 16 2. Change Order 17 3. Inspection of underdrain ~- CITY OF WINTER SPRINGS WINTER SPRINGS TOWN CENTER - HICKORY GROVE PARK ROAD & TUSKAWILLA Contract Chanqe Order No,: 16 ~ 3/25/03 Project Title: Hickory Grove Park Road Contractor: Esterson Construction Company, Inc. Reason for Change: QUANTITY ADJUSTMENTS AND ADDITIONAL BOND PREMIUM Total 1. Quantity Adjustments LS -$1,290.05 -$1,29005 2. Additional Bond Premium LS $4,13072 $4,13072 . . Change Order Value: Original Contract Price: Total Value Previous Change Orders: New Contract Price: $ $ $ $ 2,84067 1,883,21500 305,254 85 2,191,31052 Original Contract Duration Original Contract Completion Date Approved Time Extensions Current Contract Duration Proposed Time Extension New Contract Duration New Contract Completion Date 270 da s 2-Nov-02 132 da s 402 da s o da s 402 da s 14-Mar-02 Accepted By Contractor: Date: Cap. Prj. Coordinator: Date: Dir. Pb Wks/Utilities: Date: Accepted By Owner: Date: Enclosure (l) Sheet1 Hickory Grove/Tuskawilla Change Order #16 Actual v5. Original Date: 3/25/03 Item #1 Bid Items ORIGINAL ACTUAL DELETE ADD 3 FDOT Type III Silt Fence 245.00 0.00 -245.00 4 Cleaning and Grubbing 13,200.00 2,640.00 -10,560.00 6 Sodding 19,008.00 15,510.40 .3,497.60 8 Remove of Fence 120.00 3,099.00 2,979.00 10 Remove 5' . Sidewalk 3,458.40 4,034.40 576.00 I 11 Remove 2' . Curb and Gutter 8,706.75 8,987.48 280.73 12 Remove Driveways 1,260.00 2,100.00 840.00 13 Remove Roadways 21,415.80. 21,491.40 75.60 14 Remove Trees 9,450.00 18,630.00 9,180.00 15 Remove 12'X 18' RCP 275.00 308.00 33.00 16 Remove 18' RCP 330.00 275.00 -55.00 17 Remove 24' RCP 1,170.00 1,121.25 -48.75 18 Remove Inlets and Manholes 3,350.00 4,690.00 1,340.00 20 2' Curb and Gutter, 32,294.40 32,564.10 269.70 I 21 3'Valley Gutter I, 532.00 1,236.90 704.90 - 22 S.l Asphalt (2' Thick) 35,826.70 35,509.20 -317 .50 23 Base (8' Thick) 33,569.90 42,447.30 8,877.40 24 Subbase (12' Thick) 30,159.50 30,549.75 390.25 Page 2 ,. 25 12'X18' Header Curb 26,844.00 23,508.00 -3.336.00 26 Brick Pavers 16,200.80 10,321.85 -5,878.95 Standard Pattern 41,622.35 43,104.60 1.482,25 28 Asphalt Overlay (1') 2,362.50 1,106.00 -1,256.50 29 Install 8' Underdrain 31,086.80 31,413.80 327.00 30 Slormwater Piping 18' RCP 13,480.40 13,961.12 480.72 24' RCP 869.40 1,030.40 161 .00 36' RCP 45',441.10 42,759.90 -2,681.20 48' RCP 1,027.80 864.00 -163.80 31 FOOT Type P.5 Inlel Top 6,240.00 5,460.00 .780.00 32 FOOT Bottoms 6'.8' Deep. Index 200 4,830.00 0.00 -4,830.00 33 FOOT Type P.6 Inlet Top 3,375.00 5,625.00 2.250.00 34 FOOT Bottoms 4'.6' Deep, Index 200 2,025.00 4,050.00 2.025.00 8'.10' Deep, Index 200 2,630.00 5,260.00 2,630.00' 10'x5' Box Structure 5,565.00 11,130.00 5,565.00 40 Water Main 12' Dip 37,934.05 29,942.50 ,7,991.55 8' Dip 2,780.00 3,186.50 406.50 42 Valves 12' Gate Valve 3,780.00 1,260.00 -2,520.00 I 43 Tie into Exisllng Water Main 900.00 450.00 -450.00 Page 3 45 Jumper Connecllon 900.00 450.00 -450.00 46 8' PVC Sanitary Sewer 53,759.50 55,596.75 1,837.25 Page 1 I / I / I Sheet1 r-, 47 6' PVC Sanitary Service Line 1,710,00 1,634.00 -76.00 48 Sanitary Sewer Manholes 6' . 8; Deep 11,445.00 14,715.00 3,270.00 8'.10' Deep 3,930.00 9,825,00 5,895.00 SUBTOTAL TOTAL FOR TUSKAWILLA ROAD -45,137.85 51,876.30 HICKORY GROVE PARK ROAD ORIGINAL ACTUAL DELETE ADD 1 Cleanino and Grubbing 17,600.00 21,252.00 3,652.00 4 SoddinQ 36,768.00 3,136.00 -33,632.00 6 Remove 18' RCP 1,852.50 2,340.00 487.50 9 2' Curb abd Gutter 25,673.70 28,797.00 3,123.30 10 3' Vailey Gutter 744.80 2,593.50 1,848,70 11 FDOT Type A Curb 1,964.60 1,045.00 -919.60 v 12 l' Ribbon Curb 13,664.80 16,083.40 V 2,418.60 ./' 13 S . 1 Asphalt (2" Thick) 28,257.50 33,921.70 5,664.20 v 14 Base (8" Thick) 26,477.50 36,003.45./ .9,525.95 v v 16 12' x 18' Header Curb 22,620.00 2,592.00 .,,/ 2,592.00 ./ jf::f:.. \.:,,:: .t:L ($22,620 Deleted CO #3) 19 Stormwater Piping 15' RCP . 5,280.00 5,232.00 -48.00 18' RCP 11,610.00 12,942.00 1,332.00 24" RCP 1,040.00 1,300.00 260,00 Page 4 42' RCP 71,584.70 68,145.00 -3,439,70 20 FDOT Type P.5 Inlet Top 6,240.00 5,460.00 -780.00 C/ 26 Headwall 3,570.00 0.00 (Deleted CO #3) 28 Modular Retaining Wail 144,400.00 139,780.00 -4,620.00 ($4,620 Added Back In CO#10) 30 4' Fence & Columns 86,179.20 (Orlolnal Amount Deleted In CO#7) .31 Concrete Ramp to Pond 2,550.00 4,186.25 1,636,25 31 8' PVC Sanitary Sewer 36,998.40 28,328.00 .8,670,40 34 Sanitary Sewer Manholes 6' . 8' Deep Manholes 11,620.00 9,960.00 -1,660.00 8' . 10' Deep Manholes 3,900.00 7,800.00 3,900.00 SUBTOTAL FOR HICKORY GROVE PARK ROAD -53,769.70 36,440.50 ECC ORIGINAL AMENDMENT ACTUAL . DELETE ADD 1 Pavers for ail travel lanes on Tuskawiila Rd In place of Asphalt 112,420.00 101,063.00 106,009.75 4,94675 2 Pavers for all on street Parking areas 61,215.00 55,030.00 55,559.35 52935 3 Pavers for turn lane from Tuskawiila Road to S,R. 434 10,395,00 9,345.00 8,516.20 -828.80 SUBTOTAL ALTERNATES -828.80 5,476.10 ') J / / I Page 2 Sheet1 . i , ORIGINAL ACTUAL DELETE ADD co #3 2" PVC conduit 2,670.00 5,785.00 0.00 3,115.00 4" PVC conduit 6,360.00 7,898.40 0.00 1,538.40 The above Aclualltem ($7,898.40) includes $3.00 which corrects the previously approved CO#3 from $31,347.40 to $31,350.40 SUBTOTAL CO'S 0.00 4,653.40 TOTAlLS DELETE ADD TUSKAWILLA -45,137.85 51,876.30 HICKORY GROVE -53,769.70 36,440.50 ALTERNATES -828.80 5,476.10 CO'S 4,653.40 -99,736.35 98.446.30 NET Item #1 -1,290.05 Item #2 - Additional bond premum for adjusted final contract. 4,130.72 TOTAL CO #16 2,840.67 Page 3 ESTERSON CONSTRUCTION COMPANY, INC. Complete Site Development 794 Big Tree Drive, Suite 108 · Longwood, Florida 32750 Phone (407) 830-8788 · Fax (407) 830-7550 April 18, 2003 CO.1116 Item/l2 Additional Bond Premium Original Bond Amount based on 110% of original bid. $1,717,777. X 110% · $1,889,554.70 Basis for original bond premium Final Contract Amount $ 2,187,179.80 ( Does not include additional bond premium) $2,187,17.9.80XllOX- 2,405,897.78 i. New bond Basis $ 2,405,897.78 Orig. Bond Basis -1,889,554.70 $ 516,343.08 Bond Rate $8/1000 Additional Bond Premium $ 4,130.72 It was agreed at the beginning of the project that the bond premium would be adjusted at the end of the project when all additions and deductions were complete. ~ ~. State Certified Underground Utility Contractor · lie # CU-C045013 . CU-C045014 CITY OF WINTER SPRINGS WINTER SPRINGS TOWN CENTER - HICKORY GROVE PARK ROAD & TUSKAWILLA Contract ChanQe Order No.: 17 Date: 11/18/03 Project Title: Hickory Grove Park Road/Tuskawllla Road Roadway Improvements Contractor: Esterson Construction Company, Inc. Reason for Change: City's Modification of Contract Documents Use Changes to the Plans Deficient Plans Change Order Value: Original Contract Price: Total Value Previous Change Orders: New Contract Price: Total $3,412.00 $3,412.00 $4,500.00 $4,500.00 $93,768.00 $93,768.00 $91,551.00 $91,551.00 $68,241.00 $68,241.00 $37,880.00 $37,880.00 $73,669.20 $73,669.20 $46,711.04 $46,711.04 $3,500.00 $3,500.00 $2,337.00 $2,337.00 $ 425,569.24 $ 1,883,215.00 308,095.52 $ 2,616,879.76 1. Engineering of Sewer System Hickory Grove, Deficient Plans 2. Engineering Storm System, Hickory Grove, Deficient Plans 3. Extended Time, Hickory Grove 4. Tuskawilla Road,Extended Labor and Machine Costs for the Sewer System 5. Tuskawilla Road,Extended Costs for the Storm System 6 Tuskawilla Road, Owner Caused Change of Conditions in Construction of the Road 7. Extended Overhead on Hickory Grove and Tuskawilla Road 8. Temporary Labor Costs 9. Tuskawilla Road Sewer, Added Construction, Construct Outside Drop@MH 6,not on Bid Plans 10.Tuskawilla Road Sewer, Seal MH 6A, Damaged b Others Seal MH 6 dro Dama ed bOthers Original Contract Duration Original Contract Completion Date Approved Time Extensions Current Contract Duration Proposed Time Extension New Contract Duration New Contract Completion Date Accepted By contractor:~ Z. Date: /2-/-63 Enclosure (2) Cap. Prj. Coordinator: Oir. Pb Wks/Utilities: Accepted By Owner: Date: Date: Date: EIlefSln ClnstrucUln ClmBanl, Inc. 1235 Myrtle Street Sanford, Florida. 32773 Phone 407-323-1048 Fax 407"323-7996 December 01, 2003 On August 20, 2003, an inspection was made by Esterson Construction Company of the underdrain system on the East and West sides of Tuskawilla Road North from state Road 434, as it was apparent that the system had been damaged by other contractors employed by the City of Winter Springs. At station 13+60, on the West side of Tuskawilla, the underdrain clean out was broken, and dirt was entering the system. At station 15+10, on both the East and West sides of Tuskawilla,we were unable to locate the clean outs. They were either buried or removed by others. At station 18+10, on the West side, the water level was 18 inches from the top of the curb grade, with no water movement through the system. Water was showing at the edges of the brick pavers in the road in this area. At station 18+20, the clean out behind structure S-3 was not located. There had been previous damage in this area when another contractor had tied into structure S-3. At station 18+40, on the East side, the clean out was gone. At station 20+00, on the West side, the top was missing from the clean out. Pieces of underdrain pipe and the typar fabric wrapping were in the excavated material from the edge of the fountain being constructed, indicating the underdrain line has been cut in this area. The brick pavers are showing water at the edges and center line of the road, which indicates a flooded condition of the base and sub-base of the road. At station 20+70, on the East side of the road, the clean out was damaged, the top broken and open. At station 22+00, on the East side of the road, the clean out is damaged. On the West side, the clean out is gone. At station 25+50, the terminus of the underdrain West line, shows slight, negligible flow, less than one gallon per hour, indicating blockage or damage in the West run. At station 27+00, there is a subsidence of material from the West side of the berm constructed along the edge of the Winter Springs High School retention pond. The cause of this is unknown, possibly resulting from high water table due to underdrain line being blocked by concrete at station 27+50. At station 27+50, at the tee on the clean out, concrete poured at the City of Winter Springs direction blocks flow fron the line to the South on the West side. Brick pavers in the road show moisture in the joints. Station 28+80, terminus of the East underdrain at the catch basin shows negligible flow. -2- The condition of the underdrain system on Tuskawilla Road shows that the system has been heavily damaged and is retaining water under the road. The City of Winter Springs has failed to advise subsequent contractors as to the location of the underdrain system, and its importance as to the integrity of the road's construction. The presence of water which can be seen at the joints of the brick pavers, and which can be seen and measured in the few remaining clean outs, indicates a serious flooded condition under the brick pavers in the base and sub-base. The lack of flow from the system shows the water is being continously backed up, and instead of draining, the system is holding the water in the strata under the road. Due to the amount of damage to the underdrain system, and the present conditions which are working against the integrity of the brick paver system, Esterson Construction cannot warranty either the underdrain system or the sub-base, base, and brick pavers on Tuskawilla Road. It is imperative that the City of Winter Springs locate and repair the damaged sections of the underdrain system immediately, for the result of the damaged condition being allowed to continue will result in deterioration of the road and subsequent high maintenance. Sincerely, ~- ~/-t-._. -_.-~ ~ ~~ Eric Esterson Vice President Esterson Construction Company, Inc.