In November 2020 the Department issued a Notice of Intent to Default (NOI) to the contractor. In accordance with contract provisions, the Department declared DAB in default on July 1, 2021.
FDOT UPDATE ON DEFAULTED DAB PROJECTS
FAQ for DAB Projects Currently in Default
Question - What is going on with projects that were being built by DAB in District 7?
Answer - DAB had ongoing construction projects in the FDOT District Seven area. On July 28th, 2021 FDOT received letters from DAB informing us that it was financially unable to perform or complete the performance of the work as prime contractor, which constitutes a voluntary default by the contractor. As a result, on August 3rd, the Department declared DAB in Default on the following projects:
- US 19 Widening from Green Acres to W. Jump Court
- US 19 Widening from W. Jump Court to W. Fort Island Trail
- US 19 Resurfacing from Hernando County Line to Green Acres
Question - It seems DAB has closed their doors and abandoned construction projects in the Tampa Bay area, what happens now? What is the FDOT’s plan to complete these projects?
The FDOT projects have contract bonds issued by a Surety Company, which is a contract requirement. The respective Sureties are in the process of procuring completion contractors. It is the responsibility of the completion contractor to meet the project requirements. Project completion dates can be better determined once the completion contracts are awarded, and a schedule is agreed to by the completion contractor and the department.
Question - What is the expected time frame for FDOT to replace D.A.B. with a new and separate Contractor that will finish the project?
The Sureties are in the process of procuring completion contractors and we will continue to stress the need to complete this in a timely manner. It is in the best interest for the Surety to move quickly as they are still subject to delay penalties. Once the completion contractors are under contract we will have a better idea of new completion dates and will provide updates.
Question - Generally speaking, can you outline the plan on how this next contractor will be selected?
The Surety Company, with the Department’s written consent selects the new contractor. Once a completion contractor is selected a ‘Takeover Agreement’ is finalized between the Surety and the Department.
- It is anticipated the prospective completion contractor (Nelson Construction) will have an executed completion contract with the Surety by November 19th. Once this agreement is signed, it is expected work will begin within one week.
- The Department’s representatives are sampling and tracking turbidity readings at the Pond 4 outfall as well as sample points at the right-of-way in conjunction with T7407. This week all the test results are meeting water quality requirements.
- The FDOT Traffic Operations is looking into reprogramming traffic signal controllers to incorporate flashing yellow for left turn signals to address public concerns.
- The completion contractor (PCS Civil) executed a completion contract with the Surety. A Pre-construction meeting was held on 11/09/21 with PCS Civil. The contractor restarted work on November 22, 2021. This will be the final update for this project.
- The Department has made a significant number of improvements to address water quality on the project. PCS Civil will coordinate with the CAR for taking over water quality at Pond C as well as maintenance of all erosion control devices moving forward.
T7445 - US 19 Resurfacing from Hernando County Line to Green Acres
- A pre-construction meeting was held November 18th with the prospective completion contractor (Watson Civil).
- The completion contract is expected to be executed today and Watson Civil plans to begin work no later than November 29th, 2021.
- SMG (the Surety’s Maintenance Contractor) is onsite this week continuing project clean up and erosion control measures.
- Level 3 (A telecommunications utility) plans to begin adjusting their fiber optic lines in conflict with the gravity walls beginning Nov. 22nd.
T7388 - SR 54 Widening from Curley Road to Morris Bridge Road
- The surety and completion contractor are continuing to finalize the completion contract. This is anticipated to be completed by the first week of December. A pre-construction meeting is scheduled for next week.
- Southern Precision returned Monday to resume regular mowing and litter removal throughout the project. Southern Precision anticipated to return after the Holiday break.
Question - Once the new Construction Contractor is chosen, how long will the new contractor be given to complete the roadwork on these projects?
The current allowable contract time will apply. This time will be adjusted in accordance with the contract for allowable weather days and holidays. If time on the contract has already expired, then Liquidated Damages may be assessed in accordance with the Contract Bond and Takeover Agreement.
Question - Will the new contractor be held to the same terms & contract as D.A.B.?
The Surety will be responsible for meeting original contract requirements.
Question - How will emergencies and evacuations be handled?
The surety will be responsible for all contract obligations. The Department retains the responsibility to ensure the Surety meets their obligations.
Question - Who will maintain and be responsible for the jobsite until a completion contractor takes over?
The Surety is responsible. The Department is responsible for ensuring the Surety meets their obligations.
For a copy of the current Road Resurfacing list, please contact Charles Leazott,
Engineering Operations Manager, Engineering Division
Phone: (352) 527-5269 / Email: Charles.Leazott@citrusbocc.com