Discuss, consider, and take appropriate action regarding Change Order No. 28 in the amount of $231,740.28 for Project 22IFB139 FM3349 at US79 (James Construction Group).

This Change Order compensates the Contractor for costs incurred due to standby time, extended overhead (OH), and force account work (FA). The standby and extended OH occurred due to encountering unsuitable material beneath the box culvert within the Union Pacific Railroad (UPRR) right-of-way. The Contractor was unable to proceed with the work until receiving approval of the stabilization method from UPRR (Request for Information - RFI # 103). This RFI directed the Contractor to remove and replace two feet of unsuitable material with 18-inch rock and 3×5-inch rock prior to placing the box culvert bedding. The labor, equipment, and materials to perform this work was tracked via Force Account (FA). A time impact analysis (TIA) was submitted by the Contractor and the delay was found to be compensable. Multiple items will be added by this Change Order. Please see attached Change Order. This Change Order also adds 101 days to Milestone 1 (Roadway) because of the resolution of TIA #1 and TIA #2. By granting this time extension, the liquidated damages assessed to date no longer apply and will be released to the Contractor.  This Change Order results in a net increase of $231,740.28 to the Contract amount, for an adjusted Contract total of $86,073,385.38. The original Contract amount was $81,941,038.13. As a result of this and all Change Orders to-date, $4,132,347.25 has been added to the Contract, resulting in an 5.04% net increase in the Contract cost. Twenty-seven (27) days will be added to the Contract as a result of this Change Order. P: 332 Funding Source 2019 Road Bond in Commissioners Precinct 4.