City of Culver City, California
Agenda Item Report
Meeting Date: 03/01/2010 Item Number: J-1
CITY COUNCIL / REDEVELOPMENT AGENCY JOINT AGENDA ITEM: (1)
Termination of the Contract with FEI Enterprises, Inc. for the Construction of Fire
Station No. 3, Project P-857, (2) Authorization to File a Notice of Cessation, and (3)
Authorization to Release a Portion of the Project Retention Funds.
Contact Person/Dept.: Andy O’Connell/PW Phone Number: (310) 253-5606
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail) Meetings and Agendas – City Council (02/24/10) and FEI
Enterprises, Inc. (02/24/10)
Department Approval:
Charles Herbertson (02/23/10)
City Attorney Approval:
Carol Schwab (by H. Baker) (02/23/10)
Agency General Counsel:
Murray Kane (02/24/10)
Chief Financial Officer Approval:
Mark Scott (by N. Kimball) (02/23/10)
City Manager/Executive Director
Approval: (02/24/10)
RECOMMENDATION:
Staff recommends that the City Council 1) terminate the contract with FEI
Enterprises, Inc. for the construction of Fire Station No. 3, Project P-857; 2)
authorize the filing of a Notice of Cessation; and 3) authorize the release of a portion
of the retention after the expiration of the 35-day lien period and the clearance of all
stop notices.
Staff recommends that the Redevelopment Agency Board terminate the contract
with FEI for the construction of Fire Station No. 3, RDA Project (55393700).
BACKGROUND:
On June 18, 2007, at a joint City Council/Redevelopment Agency meeting, FEI
Enterprises, Inc. (“FEI”) was awarded a contract for the construction of the new Fire
Station No. 3 located at 6030 Bristol Parkway (the “Project”). Work started on the
Project on August 7, 2007, with a contract duration of 345 days and formal
completion date of July 16, 2008. During the first year of work, the contract duration
was formally extended to September 11, 2008 due mostly to rain delays.
Between January 9, 2009 and February 18, 2009, after the untimely death of the
City’s construction manager, work on the Project was suspended. Upon
recommencement of the work, FEI provided the City with assurances the Project
would be completed by the end May 2009. Despite the fact that this “new” City of Culver City, California
Agenda Item Report
completion date was eight months after the last approved completion date
(September 11, 2008), FEI was unable to complete the Project by the May 2009
deadline and continued providing the City with new completion dates that were
never met. Finally, in November 2009, the City informed FEI that the Project must
be completed by December 11, 2009, and the cost of all unfinished work would be
deducted from their final payment. On December 28, 2009 a formal letter
(Attachment 1) was sent to FEI stating the Project was substantially complete on
December 11, 2009 and the cost of all corrective work (Attachment 2) would be
submitted to FEI as a deductive change order. On February 9, 2010, the deductive
change order was mailed to FEI by certified mail and was received by FEI on
Thursday February 11, 2009 (Attachments 3 and 4). FEI was instructed to review
and sign the deductive change order within five days of its receipt. Liquidated
damages of approximately $385,000 ($1,000 per day) for Project delay were also
included in the deductive change order as allowed in the contract documents. Staff
has calculated an increase in contract time of 61 days which reflects all of the
reasonable delays, beyond September 11, 2008, caused by the temporary
shutdown, rain, and change order work (Attachment 5). Subtracting the deductive
change order amount of $358,860.21 from the remaining FEI contract balance of
$296,519.77 leaves FEI owing the City $62,340.44. FEI has declined to sign the
deductive change order.
DISCUSSION:
In order to release the undisputed retention funds and move forward with the
completion of the final corrective work and complete the Project, staff recommends
the City and Agency terminate the contract with FEI for convenience per Section
14.4 of the contract documents (Attachment 6). Subsection 14.4.3 of the contract
documents states that the contractor is entitled to reasonable overhead and profit on
work not executed. Applying a 15% rate on the estimated cost to complete the
unfinished work ($94,250.00), the overhead and profit amount is determined to be
$14,137.50. Subtracting that amount from the $62,340.44 that FEI owes the City,
leaves a balance due to the City of $48,202.94. The provisions of the contract
documents, as well as State Law, allow the City to withhold 150% of the disputed
amount from the retention funds, which amounts to $72,304.41. Staff recommends
the City Council authorize the release of a portion of the retention (less 150% of the
disputed amount) in the amount of $427,483.63 after the expiration of the 35-day
lien period and clearance of all stop notices
FISCAL ANALYSIS:
In addition to the original retention amount of $499,788.04, which is currently held in
an escrow account, there is $370,763 remaining in the Fire Station No. 3 project
budget (42000857). The City may authorize release of the $427,483.63 retention
payment, after all legal obligations have been met by FEI, including the clearance of City of Culver City, California
Agenda Item Report
all stop notices. This will leave a total remaining project budget of approximately
$440,000 which will be used to complete any remaining work and other contractual
obligations. Staff expects the final Fire Station No. 3 Project to be completed under
budget due primarily to the liquidated damages charged against FEI due to Project
delays.
ATTACHMENTS:
1. Substantial Completion Letter, dated December 28, 2009
2. Estimated Cost to Complete Work
3. Deductive Change Order Letter, dated February 9, 2010
4. Deductive Change Order
5. Liquidated Damages Calculation
6. Section 14.4 of Contract documents
MOTION:
That the City Council:
1. Terminate the contract with FEI Enterprises, Inc. for the construction of Fire
Station No. 3, Project P-857 per Section 14.4 of the contract documents; and,
2. Authorize the City Attorney to review/prepare the necessary documents; and,
3. Authorize the City Manager to execute such documents on behalf of the City;
and,
4. Authorize the City Manager to execute the Notice of Cessation and submit it
to the Los Angeles County Recorder’s office; and,
5. Authorize the release of a portion of the retention (less 150% of the disputed
amount) in the amount of $427,483.63 following the expiration of the 35-day
lien period and the clearance of all stop notices.
That the Redevelopment Agency Board:
1. Terminate the contract with FEI Enterprises, Inc. for the construction of Fire
Station No. 3, Project P-857 per Section 14.4 of the contract documents.
2. Authorize the Agency General Counsel to review/prepare the necessary
documents; and,
3. Authorize the Executive Director to execute such documents on behalf of the
City.
MEETING DATE: 3/1/10
AGENDA ITEM: CITY COUNCIL / REDEVELOPMENT AGENCY
JOINT AGENDA ITEM: Termination of the
Contract with FEI Enterprises, Inc. for the
Construction of Fire Station No. 3, Project P-857,
Authorization to File Notice of Cessation and
Authorization to Release a Portion of the Project
Retention Funds.
ATTACHMENTS
Pages|109| Substantial Completion Letter, dated December 28, 2009
1-2|109| Estimated Cost to Complete Work
3-5|109| Deductive Change Order Letter, dated February 9, 2010
6|109| Deductive Change Order
7|109| Liquidated Damages Calculation
8-9|109| Section 14.4 of Contract Documents
10Architects, Inc.
Larry Wolff AM. • George M Mens, ALI • Robert J. Hensley, AM • James R DiCamillo, ATA
Glenn Ueda, ALI • Max Medina, AM • Kelley Needham, AM • Kevin A. MacQuarrie,
December 28, 2009
Mr. Andy O'Connell
Senior Civil Engineer
City of Culver City
Public Works Department
P.O_ Box 507
9770 Culver Boulevard
Culver City, CA 90232-0507
Re: Certificate of Substantial Completion
Culver City Fire Station No. 3
Project 0518000.06
DearMr:
WLC hereby approves the completion of the referenced project to be in general conformance
with the plans and specifications. The substantial completion date has been established as
December 11, 2009. This date also commences the maintenance period for all landscaping
materials.
By way of this certification, WLC concludes that the building as depicted on the approved
contract documents was generally completed properly and is acceptable for the intended use_ It is
our tmderstanding that there is still outstanding corrective work that has yet to be completed by
FBI Enterprises. The City of Culver City will be issuing a deductive change order for the full
amount of outstanding corrective work. It is also our understanding that the deductive change
order •amount has yet to be determined by the City of Culver City. Also note that a final Notice of
Completion will not be issued until such time as the deductive change order is accepted by the
City.
8163 Rochester Avenue Suite 100 Rancho Cucamonga, California 91730-0729 ph: 909 987 0909 fax: 909 980 9980
wwwwlcarchitects. cornJC:naciP5051800011-1tr
Mr. Andy O'Connell
Certificate of Substantial Completion
Culver City Fire Station No. 3
Project 051800053
December 28, 2009
Page 2
Please note that we are producing this document for building certification as requested by the
City of Culver City in order to facilitate the closeout procedure. As further clarification, full time
inspection was not conducted by WLC and only through periodic site visits as required by the
contract can we state the general conformance of the building -with respect to plans and
specifications.
Very truly yours,ESTIMATED COST OF WORK NOT PERFORMED
(ATTACHMENT 1 TO CHANGE ORDER NO. 6)
PROJECT: FIRE STATION NO. 3, P-857
CONTRACTOR: FEI ENTERPRISES, INC.
REPORT UPDATED: FEBRUARY 2, 2010
PREPARED BY: RTI CONSULTING, INC.
ITEMS NOT COMPLETED AS OF
DECEMBER 11, 2009
DESCRIPTION OF ITEM AND BASIC SCOPE OF WORK
ESTIMATED COSTS TO HIRE
CONTRACTORS OR VENDORS
TO COMPLETE TASKS|1010|SITE LITE POLE AT MAIN
SLIDING GATE
FFI installed a light pole base that was not on the plans. Light pole has
not been purchased or installed. The scope is to furnish, install and
complete electrical wiring.
$ 6,500
HARDWARE AND SECURITY
WIRING FOR THED EXTERIOR
HIRSCH PAD AT DINING ROOMY
113
Existing panic hardware does not appear to be able to accept key pad
controls. Scope is to replace existing panic hardware and to wire the door
to the key pad control. Furnish and install the necessary hardware and
security wiring.|1010|3 ILLUMINATED MAP CASES -
LOCATION BY ARCHITECT AND 2
WIAP CASES
.
CCM does not want the specified map & display cases installed.
Requirement by CCM is for a single not dual door and thus new rases
must be purchased by CCPW. Credit for installation of five (5)
map/display cases Is due from FEL An additional issue is the map
opening built by FEI at corridor 106 is not built per design. It would
require demolition of framing, drywall, relocation of light fixtures & fire
sprinklers in order to match the design documents and allow the
installation a map case. Scope is to install casm as purchased by ccpw
and to rework the opening to allow for the correct opening at Corridor
106. (Install cost only $1,000 for 5 cases and rework $ 1300) Map/display
cases furnished by Culver City)
$ 2,300|1010|BBQ - (STOLEN- 9121/09). PET TO
ADVISE NEW DELIVERY DATE
Originally installed by FEL Removed from tin project prior to Culver
City accepting the project. (Scope is to furnish and install new BBQ)
$ 1,900|1010|ALL CONCRETE AREAS INSIDE
AND OUTSIDE HAVE MULTIPLE
CRACKS.
Scope required is to provide a SIM PRODUCT LIABILITY
INSURANCE POLICY FOR MOISTURE & ALKALINITY. The
additional scope is to remove and replace concrete that does not meet
design or architectural requirements. Apia's has been marked up that
show the areas that have been identified by the architect as not in
compliance.
$ 35,000|1010|ROOM 113 - DINING ROOM
THRESHOLD IS A MAJOR
TRIPPING HAZARD
Scope is to furnish and place the appropriate concrete products
necessary to address the fact that the exterior patio concrete is more than
1/2" below the door threshold. Currently, there is a tripping hazard that
needs to be corrected. It will be necessary to bush the patio concrete,
place dowels and then construct the new concrete ramp.
$ 600|1010|DOWN SPOUTS AT FRONT OF
THE STATION ENTRY SHOULD
BE CAST IRON, NOT SHEET
METAL
Scope is to remove the existing sheet metal down spouts and replace them
with east iron piping.
$ 800
a
PRE-FABRICATED ROOF ACCESS
LADDER
Scope is to remove the temporary ladder currently installed and replace
it with a pre-fabricated aluminum ladder as designed by the
specifications and design.
$ 3,000|10 10|TELEPHONE SYSTEM SCOPE FOR
EQUIPMENT
Previously direction was issued by RCI for FEI to remove the telephone
system from their scope of work. The deduction most was never received
from FE1 so we used the value provided in the schedule of values
$ 10,000
10
CEILING FANS IN WORKOUT
ROOM
Scope is to furnish and install ceiling fans in the work out room. This will
require electrical terminations.
$ 1,000
11
ROOF PATCH
REPLACEMENT/INSTALL OF
CRICKETS ON LOW FLAT ROOFS
AND AREAS OF STANDING
WATER
Scope of work is to replace patches installed by FEI rather than the
roofing contractor. These patches are not being warrantied by the
roofing contractor and thus must be removed and repaired by the roofing
contractor. Additionally, there are missing crickets and low spots on the
roof that are required to be repaired.
S 3,600
3ESTIMATED COST OF WORK NOT PERFORIVIED
(ATTACHMENT 1 TO CHANGE ORDER NO- 6)
PROJECT: FIRE STATION NO. 3, P-857
. CONTRACTOR: FEI ENTERPRISES, INC.
REPORT UPDATED: FEBRUARY 2, 2010
PREPARED BY: RTI CONSULTING, INC.
ITEMS NOT COMPLETED AS OF
DECEMBER 11, 2009
DESCRIPTION OF ITEM AND BASIC SCOPE OF WORK
ESTIMATED COSTS TO HIRE
CONTRACTORS OR VENDORS
TO COMPLETE TASKS
12
TELEVISION MOUNT
INSTALLATION
FEI has furnished the specified TV mounts, but CCFD has changed the
LCD TV sizes. Credit from FE' is for the labor to install 12 (per the
specifications) TV mounts. CCPVV would furnish the new TV mounts.
1,600
13
PEDESTRIAN GATE LOCK
PROTECTION AND ELECTRICAL
INTERFACE WITH SWING GATE
Scope of work is for the concrete to be sawcut , new conduit installed
from the pedestrian gate over to the swing gate controller. Wiring will
need to be installed and terminated both at the controller and the
pedestrain gate. It may be necessry to provide an electrical man gate
lock in order for the wiring interlock to function. Requirement is for the
swing gate motor to be disabled when the pedestrian gate is opened.
Additionally, there will need to be a screen or shield placed on the
pedestrian gate in order to prevent access to the inside gate handle which
would unlock the gate thus eliminating the security aspect of die
pedestrian gate.
, 4,200
14
IRRIGATION SYSTEM NOT
WIRED TO CALSENSE FLOW
METER. NO WATER PRESSURE
AT NORTH EAST CORNER.
MISSING CALSENSE HANDHELD
REMOTE.
Calsense has advised the CCPW that they cannot certify the irrigation
system...This is due to FEI not installing the correct wiring to allow for
configuration of the Calsense Flow Meter. Additionally, there are other
irrigation concerns such as inadequate water flow through 2" lines over
to the North and East areas of the property. Seopewill he to coordinate
with Calsense the correction of the wiring and may require the removal
of concrete and interior walls and ceilings in order to replace damaged
wiring at the front entry landscape area and the Calsense flow meter.
Additionally, there may be requirements to repair or replace main
irrigation piping in order to allow for the required water flow to be
provided at the North Sc East sections of the property.
$ 10,000
15
INTERNAL STAIRWAY HAND
RAIL
Scope involves the installation of metal caps at the ends of theinterior
stairwell to the second floor. Protection of finishes and Oterepinting of
the interior handrail will be required.
$ 500
16
EXTERNAL STAIRWAY HAND
RAIL
Scope involves the removal of the incorrect ADA portions of the railing
and the replacement of the correct rail configuration to comply with
ADA code requirements. Protection of existing finishes and repainting of
the exteiror handrail is required.
$ 750
17
WALL AT TOP OF EXTERNAL
STAIRWAY
Scope involves the removal of the metal cap, constructing new framing
and plaster and then final painting after building the wall up the
required 42". Alternatively, the CCPW may decide it is acceptable to
construct a top rail to create the 42" high harder. It may be necessary to
rework, repair and repaint the metal wall cap and if a railing is added,
painting of the new railing.
$ 2,500
18 RM # 112 - RESTROOM
Scope is to furnish and install a Counter Mounted Soap Dispenser per
design document A-6.1, detail # 14, note 1030. Counter is drilled already
for the dispenser.
$ 250
i t
RIM #201, HALLWAY OUTSIDE
RAI ti 201, 216 AND 221
Scope involves contacting the window vendor, purchase and install the
missing Window Latches.
$ 400
20- RM A 208 - DAY ROOM
Scope involves furnishing and installing new glass doors and door
hardware.
$ 1,200
21
SOUTH DRIVEWAY 2" WIDE
CURB OPENING
Currently the water from the driveways ponds at the opening. Scope
involves digging out a drainage await in the landscape, filling the swale
with gravel so that the water from the driveway can now flow to the curb
cut and out into this gravel and disperse
$ 300ESTIMATED COST OF WORK NOT PERFORMED
(ATTACHMENT 1 TO CHANGE ORDER NO. 6)
PROJECT: FIRE STATION NO. 3, P-857
CONTRACTOR: FEI ENTERPRISES, INC.
REPORT UPDATED: FEBRUARY 2, 2010
PREPARED BY: RTI CONSULTING, INC.
ITEMS NOT COMPLETED AS OF
DECEMBER 11, 2009 •
DESCRIPTION OF ITEM AND BASIC SCOPE OF WORK
ESTIMATED COSTS TO HIRE
CONTRACTORS OR VENDORS
TO COMPLETE TASKS
22
STORM DRAIN AT SOUTH
DRIVEWAY
FRI did not provide Fossil Filter per plans CS, Note 20. Detail E, Sht C2.
FRI did not paint at storm drain "No Dumping Drains to Ocean" C5,
Note 21, Scope invcdves furnishing and installing the filter fabric and
paint the storm drain cover,
$ 750
23
MISC MATERIALS, ATTIC STOCK
-ITEMS AND MANUALS
FEI have not provided all misc. materials to date. Scope involves
reviewing the specifications and purchasing all the required materials_
$ 3,500
TOTAL COSTS FOR WORK REQUIRED TO BE COMPLETED TO ALLOW FOR CLVD TO
OCCUPY FIRE STATION NO. 3
$ 94,250PUBLIC WORKS DEPARTMENT
9770 CULVER BOULEVARD, 2ND FLOOR
CULVER CITY, CALIFORNIA 90232-0507
III
Charle D. He rtson P.E., L.S.
Public Works it1
.1 ctor/City Engineer
CHARLES D. HERBERTSON
Phone (310) 253-5600
Public Works Director/City Engineer
FAX (310) 253-5626
February 9, 2010
Mr. Gabriel Fedida
FEI Enterprises, Inc.
5749 Venice Boulevard
Los Angeles, CA 90019
Subject: Fire Station No. 3
Contract Final Change Order No. 6
Dear Mr. Fed ida,
The Public Works Department has prepared Final Change Order No.6, dated
February 5, 2010 in order to bring closure to the issues of schedule and cost
associated with the Culver City Fire Station No. 3. This document is reflective of
all recently approved project changes, currently authorized schedule time
extensions, the costs associated with contract scopes of work not completed by
FEI Enterprises and the impact of the December 11, 2009 project completion.
Details are provided as an attachment to this document to facilitate FE1
Enterprises' review.
Please sign the attached final change order and return it to my attention within
five (5) business days of your receipt of this document. We are prepared to
initiate the process of final payment upon the satisfaction of all the requirements
for payment and receipt from FE1 Enterprises of all documentation as identified in
the general conditions of the contract for construction section 9.10, page 32.
Cc: Mark Scott, City Manager/Agency Executive Director
Carol Schwab, City Attorney
Heather Baker, Assistant City Attorney
Murray Kane, Agency General Counsel
Andy O'Connell, Senior Civil Engineer
Kelley Needham, WLC Architects
Bob Neiwirth, Rh1.1iiiih... . .
CITY
DEPARTMENT
ORDER
PURCHASE ORDER NO.:
PROJECT NO.: P-857
REQUESTED BY: Bob Neiwirth
CITY OF CULVER|109| -I A 1 PUBLIC WORKS
0 A .6 CHANGE
CONTRACT CHANGE ORDER NO.: 06
PROJECT: Culver City Fire Station No. 3
CONTRACTOR: FEI Enterprises, Inc.
Upon the approval of the City Engineer and acceptance by the Contractor, the
the plans and specifications or do the following described work not included in
Contractor is
the_plans and
hereby directed
specifications
to make the herein described
on this contract.
•.- ••.. -1 :-....•'..... •
changes from
"''''' • — '' j. ::' EXTBA:WORKt. :I
COR # Description Item Qty Type Value
3,300.00
Ext Price
$ 3 ,300.00 COR #003 Trash Enclosure Modifications 1
COR #020 Add and reframe ceiling joists due to plan conflicts (arch/struct) 1 |1010|LS
LS|109| 1,272.07
$ 1,795.65
$ 1272.07
$ 1,795.65 COR #021 First Floor framing changes requested by VVLC
COR #028C Revise circuit breakers on 2nd floor at sleeping qrtrs 1 LS $ 737.00 $ 737.00
COR #038 Install additional roof drainage per City Inspector (not on plans) 1 LS $ 7,393.20 $ 7,393.20
COR #39 PSI second recommendation dig 12" and recompact to 95% 1 LS $ 2,127.50 $ 2,127.50
COR #40 Bee hive at west side wall building exterminated 1 LS $ 230.00 $ 230.00
$ 13,881.53 COR #41 Load, haul and d.urnp 49 loads of dirt from jobsite 1 LS $ 13,851.53
COR #42 Credit not to furnish and install tile in rooms 205 & 220 1 IS
LS
LS
$ (3,479.70)
$ 3,800.00
S .1,163.85
$ (3,479.70)
$ 3,800.00
$ 1,163.85
COR #43 Modifications to Hirsch Security System (add 2nd floor door) 1
i
COR #45 Add horizontal cable tray in IT room (not on plans)
COR #46 Furnish & install two (2) circuits for oven (not on plans) 1 IS 5 2, 116.22 $ 2,116.22
COR #47 Remove trees in order to install fencing 1 3,200.00 3 ,200.00
COR #49
General Conditions associated with City mandated shutdown
Jan3 -Feb24 (750.00/day) 61 |1010|Day
LS
$ 750.00
$ 2,116.22
$ 45,750.00
$ 2,116.22 COR #50 Install 20A GFCI at exhaust fan on roof per inspector
COR #53 Install disconnect for extractor & chemical pump (not on plans) 1 LS $ 1,169.12 $ 1,169.12
COR *57 Reframe restroom #02 per VVLC 4,358.55 $ 4,358.55
COR #61
Load, haul and dump excessive dirt at main drive ramp per PSI
wet soil discoveries. 3,957.58 $ 3,957.58
COR #62 Revisions to hose rack at apparatus bay (negotiated value)
1 LS
500.00
$ 25,031.00
$ 500,00
$ 25,031.00 COR #65 Redesign of fence at NE corner, East face and at Generator .
Cost of work not performed by FEI Enterprises, Inc. (See Attachment 1) 1
385
LS
Day
$ (94,250.00)
$ (1000.00)
$ (94,260.00)
$ (385,000.00) Liquidated Damages (See Attachment 2)
Total This Change Order $ (358,860.21)
'Summary
,Conttatt.Iiiiie
• • ,: -...::',•• .:..•,....:•!.•
(C Days) ...:...CiOst
Original Contract Amount
345 $ 5,100,000.00
Previous Change Orders Approved to Date 56 $ 194,400.24
Amount of This Change Order
Total Change Order(s) to Date
% Change Orders
Modified Contract Amount
61
117
462
$ (358,860.21)
$ (.164,459.97)
-3.22%
$ 4,935,540.03
Previous Payments (Inc. retention)
Amount due contractor
4,997,880.47
5$ (62,340.44)
. N
Original Contract
Modified Contract
Completion Date:
Completion Date
07/16/2008
11/10/2008
ii, L
'Approved: .74114‘1•'` Ilk .
Date: 111145/ZOI 0
Public ' orks Director / City Engineer 1
... .
I, the undersigned Contractor, or the authorized .,lent of the Contractor, have given careful consideration to the change(s) proposed and hereby agree to
all of the above terms with no further negotiations.
Accepted. Date:
.
Contractor - FEI Enterprises, Inc.
By:
Title:
Accepted. Date:
Architect - WLC Architects
By: Title:
Accepted: Date:
City Representative - RTI Consulting Inc.
By: Title:
Copies: Contractor, City Treasurer, Project Fite, Project Manager, Public Works Inspector, Engineering Services Manager(Attachment 2)
Culver City Fire Station #3
Assessment of FEI Enterprises, Inc. Schedule Obligations and Liquidated
Damages Analysis
1. Original contract completion date: July 16, 2008.
2. Approved contract extension date: September 11, 2008. This amounts to
57 calendar days less one holiday for Labor Day leaves a net 56 days of
extension.
3. Approved Culver City Holidays:
• New Years Day
• Martin Luther King Day 3' d Monday in January
• Memorial Day — Last Monday in May
• Independence Day
—juiy 4th
• Labor Day - 1 st Monday . in September
•
Thanksgiving Day 4th Thursday in November
• Friday after Thanksgiving Day
• Christmas Day
4, Project Substantial Completion Date: December 11, 2009.
5, Contract Days Between September 11, 2008 and December 11, 2009:
Year Month Days Holidays
2008 September 19
2008 October 31 -
2008 November 30 2
2008 December 30 1
2009 January 31 2
2009 February 28
2009 March 31
2009 April 30
2009 May 31 1
2009 June 30 -
2009 July 31 1
2009 August 31
2009 September 30 1
2009 October 31 -
2009 November 30 2
2009 December 11 -
Totals 456 10
Net Contract Days = 446
6. Contract Extension between January 1, 2009 through December 11, 2009:
• January 3 January 5, 2009 due to police activity = 3 days.
• January 6 — February 17, 2009 due to official temporary shut down =-
43 days less one day for Martin Luther King's Day = 42 net days.• February 18 — February 23, 2009 for mobilization and muddy
conditions = 6 days.
• Additional days for change order work = 10.
• Total net extension = 61 days.
7. Total Liquidated Damage Days = 446-61 = 385 Days.
8. At $1,000.00 per day, total Liquidated Damage = $385,000.00.
9. Total extension days = 56 + 61 = 117.of the
14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, includitig
compensation for the Architect's services and expenses made necessary thereby, and other
damages • incurred by the Owner and not expressly waived, such excess shall be paid to. 'the
Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the dif-.
ference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shalt:
be certified by the Architect, upon application, and this obligation for payment .shall survive
termination of the Contract.
14.3 SUSPENSION BY THE OWNER FOR CONVEMENCE
14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or inter;
rupt the Work in whole or in part for such period of time as the Owner may determine.
14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time.
caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment of the.
Contract Sum shall include profit. No adjustment shall be made to the extent:
.1 that performance is was or would have been so suspended, delayed,,orinterrupteil by'
another cause for which the Contractor is responsible; or
.2 that an equitable adjustment is made or denied under another prOision
Contract. -
14.4 TERMINATION BY THE OWNER FOR CONVENIENCE
14.4.1 The Owner may, at any time, terminate the Contract for the Ovv:n
without cause.
r s;coriVekiencei kinir•
•-. •• • • •... • :••
„.
14.4_2 Upon receipt of written notice from the Owner of such terniinat:i00;,for the Owners
convenience, the Contractor shall:
.3 cease operations as directed by the Owner in the notice;
.2 take actions necessary, or that the Owner may direct, Foz
preservation of the Work; and
3 except for Work directed to be performed prior to the effectivc date-of,teffnuiation.
stated in the notice, terminate all existing subcontracts and purclia's
into no further subcontracts and purchase orders.|109| .4
14.4.3 In case of such termination for the Owner's convenience, the Contractor shall: he entitled
to receive payment for Work executed, and costs incurred by reason of such ter-min:Aron,
with reasonable overhead and profit on the Work not executed.
0 1 9 9 7 A1,403,
MA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION|1010| I
0 The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
4Plir
9/97 ILO
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