Subject:
Title
Approval RE: Ratification of Emergency Change Order 5 for the West Bay Drainage Improvements Project and Limited Settlement Agreement - District 2
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Fiscal Impact:
$313,697.35 to be paid by DRMP, Inc. to the County for outstanding incurred costs.
Dept/Office:
Public Works Department/Finance and Contracts Administration
Requested Action:
Recommendation
It is requested the Board of County Commissioners 1) ratify Emergency Change Order 5 for the West Bay Box Culvert project; 2) approve the Limited Settlement Agreement with DRMP, Inc., and authorize the County Manager to execute; and 3) Authorize the County Manager to approve any necessary Budget Change Requests associated with this action.
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Summary Explanation and Background:
The County authorized DRMP, Inc. to perform surveying and engineering services for the West Bay Drainage Improvements. Upon completion of the design, the County issued a Task Order to RUSH Construction, Inc. on April 26, 2023, for Construction Management services. During construction, an error was identified in DRMP’s design of the Northwest Gravity Wall (West Wall) of the project. Change Order 3 was executed on April 22, 2024, for $170,813.02 for the redesign of the West Wall. An additional design error was later identified in DRMP’s design of the East Gravity Wall (East Wall) in late May 2024. The work associated with the redesign of the East Wall required the demolition of the newly constructed gravity wall, additional sheet piling, dewatering, excavation, backfill/compaction, and concrete work. In accordance with Board Policy BCC-27, the County Manager executed Emergency Change Order 5 on June 11, 2024, for $313,697.35 in order to avoid a substantial delay in the construction schedule and potentially increased costs. Per BCC-27, Emergency Change Order 5 requires after-the-fact ratification by the Board, because it exceeds $200,000.
After numerous rounds of discussions and negotiations between the County, RUSH, and DRMP, it was agreed that: (1) RUSH release the County from any claims relating to the Project; and, (2) DRMP and the County enter into a limited settlement agreement wherein DRMP will reimburse the County $313,697.35 for the issues pertaining to the East Wall (after previously providing $170,813.02 for the issues pertaining to the West Wall), and the County will grant a limited release to DRMP for claims pertaining to the East Wall and West Wall.
The Limited Settlement Agreement has been reviewed and approved by the County Attorney’s Office, Risk Management, and Purchasing Services in accordance with Administrative Order 29.
Clerk to the Board Instructions:
Please return the executed Limited Settlement Agreement to the Public Works Department.