Missed change order candidates in email and meeting minutes, North Fox Flats Phase 2

The project email and progress meeting minutes were read against the change order log. 15 candidates worth $353,507 in total are missing from the log, each with quotes, contractual basis and an estimated value. Three delays at the FM 375 intersection cover the Milestone 2 overrun, but two of them were never noticed in writing.

1,846 emails and 16 sets of progress meeting minutes, March–October 2026North Fox Flats Phase 2 Streets and Utilities with FM 375 intersection, Fox Flats, TexasUnit price contract under TxDOT 2024 Standard Specifications; change order log as of Oct 30, 2026Prepared Nov 5, 2026

Summary

Change order log

15 change order candidates worth $353,507 are missing from the log

Of 42 events in the email and minutes, 23 are already in the change order log and 4 were ruled out. The largest of the rest is rock in the sanitary sewer trench on Coneflower Dr, $92,205, where the Project Engineer replied “Proceed as proposed” on Apr 14 (project email, thread “Rock in trench – Coneflower Sta. 13+90”). 10 of the 15 have written direction or notice by email.

Add all 15 to the change order log and submit pricing.

Milestone 2 · Liquidated damages

Delays at FM 375 cover the full Milestone 2 overrun

The intersection opened Sep 3 instead of Aug 21, 9 working days late, and the City advised in PM-14 Item 2 that liquidated damages will be assessed: $25,200 at $2,800 per working day. Three delays on the intersection’s critical path (C-03, C-04 and C-08) support 10 working days, which removes the liquidated damages.

Request the extension for all three delays in one time impact analysis.

Notice · Section 8.5.5.3 and Article 4.6

2 of 3 intersection delays were never noticed in writing

C-03, the late plans, and C-08, the pole relocation, account for 7 of the 10 days and appear only in meeting minutes and internal email. The specification defines “In Writing” as email or letter only. Counting only C-04 leaves 6 working days late and $16,800 in liquidated damages.

Send notices of potential time impact for C-03 and C-08 now.

Candidate register and workbook per candidate

Filter the register by type and by how the item was put in writing. Select an item to open its workbook: quotes from email and minutes with date and sender, contractual basis, the check against the change order log and the priced estimate. Below the register, see how the delays affect Milestone 2 and the liquidated damages.

Type
Written record
0Candidates
0Estimated value
0Time extension requested
0Minutes only or no notice

Candidate register

      Time extension and liquidated damages, Milestone 2

      Milestone 2, the FM 375 intersection open to traffic, was due Aug 21 under the Special Provisions and was met Sep 3. The City advised in PM-14 Item 2 on Sep 9 that liquidated damages will be assessed. Choose which delays count.

      Sources and method

      Sources

      • ProjectEmail_NFoxFlatsPh2_2026-03_to_2026-10.zipExport of the project mailbox and six individual inboxes, Mar 2–Oct 30, 20261,846 emails, 312 threads
      • Progress_Meeting_Minutes_PM01-PM16.pdfBiweekly progress meeting minutes, Mar 11–Oct 7, 202674 pages
      • Change_Order_Log_2026-10-30.xlsxContractor’s change order log with status and value per entry23 entries
      • General_and_Special_Provisions_NFoxFlatsPh2.pdfContract provisions adopting the TxDOT 2024 Standard Specifications (Items 1–9), Milestone 2 date and liquidated damages, City coordination of utility relocations42 pages
      • Bid_Schedule_and_FA_Rates.xlsxBid unit prices, agreed unit prices, payroll rates and Equipment Watch rates for force account, standby rates3 sheets
      • Daily_FA_Records_and_Scale_Tickets.xlsxDaily force account records by crew and equipment, haul and scale tickets7 sheets
      • Bid_Documents_Technical_Reports.zipGeotechnical report, environmental site assessment and utility layout sheets from the bid documents3 documents

      Method

      1. All email and minutes were read in full. Messages and minute items describing a change, a direction from the City, a differing site condition or standby were flagged: 214 hits.
      2. Hits about the same matter were merged into one event, dated by its first written record: 42 events.
      3. Each event was checked against the change order log by location, subject and value. 23 were already logged, and 4 were ruled out as a unit price overrun, Contractor-caused damage, agreed no-cost work or the Contractor’s own choice.
      4. For the remaining 15, the contractual basis was set under the TxDOT 2024 Standard Specifications as adopted by the contract, and the written record was classed as email, minutes only or none.
      5. Values were priced from daily force account records and scale tickets: extra work at agreed or bid unit prices or as force account under Article 9.7, delays as damages under Article 4.6.
      6. The effect of the delays on Milestone 2 was counted in working days from the milestone date and compared with the actual opening and the liquidated damages rate.

      Assumptions and limitations

      • Delay impacts in working days are estimated from email and minutes. They need a time impact analysis under Section 8.5.5.4 before a time extension is requested. Section 4.6.2 ties project overhead at the 6% daily rate to a delay in project completion, so the same analysis has to show that the milestone delays carry through to completion.
      • Values are estimates. Rock and impacted soil quantities come from haul and scale tickets and should be reconciled with survey.
      • The contract adopts the TxDOT 2024 Standard Specifications with references to the Department read as the City. Minutes are not treated as written notice, since the specification’s definition of “In Writing” names email or letter only.
      • Email attachments, such as photos, plan sheets and lab reports, are noted but not reviewed on their merits.
      • Liquidated damages are counted per working day, as in Article 8.6, at the Milestone 2 rate in the Special Provisions.
      • Impacted soil is compared with the TCEQ Texas Risk Reduction Program Tier 1 residential PCLs as reported in the site assessment and lab report. Whether that is the right benchmark for disposal should be confirmed by an environmental professional.