Forensic Audit Report-WPCA Phase IV, Part B. Contract ... - Trumbull

Forensic Consulting Services Report
Town of Trumbull, Connecticut
Page 18
• A site inspection of the project area indicates there were multiple “Crossings” throughout the
Contract. Naturally these “Crossings” varied in size and complexity especially in regards to
their particular locations, and the amount of work actually necessary to complete each. Since
the Contract Specifications fail to address this issue or provide any basic requirements for the
work, the actual amount and type of work required by the contractor, and paid for by the
Town to complete the crossings, is a matter of interpretation and therefore must be
considered questionable. Based on the contractors most recent Application for Payment, a
total of eighteen crossing completed at a total cost of $320,000 of which $45,000 was in the
base bid and $275,000 represented change orders.
‣ Under Specification Section 4.4 (Bituminous Concrete Surface Overlay):
• The last sentence of Subsection A (Description) states, “If necessary, the Engineer may
direct that prior to the surface overlay the road shall be scarified and brought to Town
Standards”. Although this provision is specified, and as such considered part of the unit
price (pay item No. 53 set at a unit price of $9.00 per S.Y.), there is no indication any of the
roadways involved under Contract 3 were “scarified” prior to receiving the bituminous
concrete overlay despite the fact that it was indeed part of the Unit Price. Also, despite the
fact that a separate pay item for gutter milling was being carried under Pay Item No. 51,
Specification Section 4.3, Subsection E (Measurement and Payment) specifically referring to
the bituminous concrete overlay (Pay Item No. 53) states, “The Unit Price” for the overlay
“shall include gutter milling, as directed”. Such a discrepancy only adds uncertainty to the
elements of work being required and the unit prices associated therewith.
• The first sentence of Subsection D (Measurement and Payment), indicates that the unit price
method of payment would be by the square yard, which is consistent with Pay Item No. 53.
However the remainder of this paragraph clearly describes procedures and parameters
typically used and related to a tonnage type of measurement process.
‣ The “BID” Section of the contract documents did not list several items of work ultimately found
necessary to complete the overall contract resulting in the need for change orders with the
contractor. Although some of these items may have been added specifically as a result of the
“Jog Hill Extension” and/or “Extra Work” unrelated to the design documents as originally bid in
April 2007, these items include the following:
• Furnish and Install Concrete for Encasements (Change Order No. 1)
• Remove & Dispose of Existing Catch Basins (Change Order No. 2)
• Tie into Existing Catch Basins (Change Order No. 3)
• Removal and Disposal of Existing Drainage Pipe (Change Order No. 5)
• Gravel Access Drive for Easement Areas (Change Order No. 7)
• Grass Access Drives for Easement Areas (Change Order No. 8)
• Abandon Septic Tank (Change Order No. 11)