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File #: 25-3429    Version: 1 Name:
Type: Contract - Amendment Status: Passed
File created: 5/27/2025 In control: Commissioners Court
On agenda: 6/12/2025 Final action: 6/12/2025
Title: Request for approval of a change in contract with DVL Enterprises LLC, in connection with final construction of Humble Westfield Road from West Hardy Road to FM 1960 - 2020, adding 505 calendar days, with a deduction in the amount of $376,941.34, Job No. 22/0170-1, UPIN 21101MF1NU01, Precinct 1, MWBE Contracted Goal: 32%, MWBE Current Participation: 26.28%.

Primary Department: County Engineer

Primary Department Head/Elected Official:  Milton Rahman, PhD, P.E., PMP, CFM, ENV SP, County Engineer

 

Secondary Department: N/A

Secondary Department Head/Elected Official: N/A

 

Regular or Supplemental RCA: Regular RCA

Type of Request: Contract - Amendment

 

Project ID (if applicable): Job No. 22/0170, UPIN 21101MF1NU01 

Vendor/Entity Legal Name (if applicable): DVL Enterprises, LLC

 

MWBE Contracted Goal (if applicable): 32%

MWBE Current Participation (if applicable): 26.28%

Justification for 0% MWBE Participation Goal:  N/A - Goal is not 0% and is listed above

 

Grant Indirect Costs Rate (if applicable): N/A

Justification for 0% Grant Indirect Costs Rate (if applicable): N/A - Not a grant item

 

Request Summary (Agenda Caption):

title

Request for approval of a change in contract with DVL Enterprises LLC, in connection with final construction of Humble Westfield Road from West Hardy Road to FM 1960 - 2020, adding 505 calendar days, with a deduction in the amount of $376,941.34, Job No. 22/0170-1, UPIN 21101MF1NU01, Precinct 1, MWBE Contracted Goal: 32%, MWBE Current Participation: 26.28%.

end

 

Background and Discussion:

This project is a reconstruction of Humble Westfield adding shoulders and repairing any failing asphaltic base materials.  The project was constructed per the plans and at the completion of the work the cores taken per Harris County specification failed to meet the minimum requirements.  The contractor disputed the results and consulted an attorney. The project was handed over to the County Attorney’s Office and the project was on pause until a resolution was reached. The resolution was agreed to between both parties and resulted in a contract deduction of payment. The remaining work was completed, and no Liquidated Damages were charged to the contractor.  This final change order is per the agreement to reduce payment and extend the contract to remove any Liquidated Damages.

 

Expected Impact:

This final change order allows us to release any retainage owed and close the contract per Harris County standards.

 

 

Alternative Options:

Not closing the contract will result in Harris County being open to further litigation.

 

County Strategic Plan Goal:  2. Connect our community with safe, reliable, equitably distributed, and well-maintained infrastructure.

County Strategic Plan Objective: H: Improve the condition and resilience of County transportation, flood control, and other infrastructure.

Justice/Safety Initiative (Goal 1):  N/A

Infrastructure Initiative (Goal 2):  N/A

Economy Initiative (Goal 3): N/A

Health Initiative (Goal 4): N/A

Climate/Resilience Initiative (Goal 5): N/A

Housing Initiative (Goal 6): N/A

 

Additional notes related to the Strategic Plan: N/A

 

Prior Court Action (if any):

Date

Agenda Item #

Action Taken

08/23/2022

245 (22-4702)

Contract Award

 

Location:

Address (if applicable):

Precinct(s): Precinct 1

 

Fiscal and Personnel Summary

Service Name

Engineering

 

 

Current Fiscal Year Cost

Annual Fiscal Cost

 

Labor

Non-Labor

Total

Recurring Expenses

Funding Sources

 

Existing Budget

 

 

 

 

1070 - Mobility Fund

$

$-376,941.34

$-376,941.34

$

Choose an item.

$

$

$

$

Choose an item.

$

$

$

$

Total Existing Budget

$

$-376,941.34

$-376,941.34

$

Additional Budget Request (Requires Fiscal Review Request Form)

 

Choose an item.

$

$

$

$

Choose an item.

$

$

$

$

Choose an item.

$

$

$

$

Total Additional Budget Request

$

$

$

$

Total Funding Sources

$

$-376,941.34

$-376,941.34

$

Grants - Proposed Budget (To be filled out by Grants staff only)

 

Labor

Non-Labor

Total

No. of Grant Years

Local Match Source - Existing Budget: Choose an item.

$

$

$

 

Local Match Source - Additional Budget Request: Choose an item.

$

$

$

 

Grant Funds Applied for/Awarded (Total)

$

$

$

 

Personnel (Fill out section only if requesting new PCNs)

 

Current Position Count for Service

-

-

-

-

Additional Positions Request

-

-

-

-

Total Personnel

-

-

-

-

 

Anticipated Court Date: 6/12/2025

Anticipated Implementation Date (if different from Court date): N/A

 

Emergency/Disaster Recovery Note: Not an emergency, disaster, or COVID-19 related item

 

Contact(s) name, title, department: Erwin Burden, PE, CFM, Chief of Engineering and Architectural Services, Harris County Office of the County Engineer

 

Attachments (if applicable): County Auditor’s Form 1258B