Bickering with them… It really sucks. That is why we stress doing the value engineering before we bid the project and having additive alternates for items that we may remove. We usually end up eating it. It may cost less to do what was on the original plan, or change the original plan to where we are only removing the 25%. These are just some ideas, but the latter option is usually effective. It may not be at this point because they are going to want re-mob, but maybe not if they are doing the road dirt work at the same time. Perhaps Bruce should be involved. Clay Barnett, P.E. Town Engineer Town of Addison 16801 Westgrove Drive Addison, TX 75001-2818 Office: (972) 450-2857 P Please consider the environment before printing this email. -----Original Message----- From: Jennifer Haynes [mailto:JHaynes@udr.com] Sent: Wednesday, August 19, 2009 10:14 AM To: Clay Barnett Subject: RE: Pay Application Three I will take a stab. The contract documents do say that they can renegotiate the unit price based on the reduction of the quantity of more than 25%. How have you handled this in the past? _____ From: Clay Barnett [mailto:cbarnett@addisontx.gov] Sent: Wednesday, August 19, 2009 10:07 AM To: Jennifer Haynes Subject: RE: Pay Application Three No. I figure we will push it off. It is not like they did the work, so they cannot invoice us for it. It will just be a point of contention when we are trying to process final payment. We should endeavor to solve the problem before that point. Would you take a stab at negotiating this with them? Thanks, Clay Barnett, P.E. Town Engineer Town of Addison 16801 Westgrove Drive Addison, TX 75001-2818 Office: (972) 450-2857 P Please consider the environment before printing this email. -----Original Message----- From: Jennifer Haynes [mailto:JHaynes@udr.com] Sent: Tuesday, August 18, 2009 3:49 PM To: Clay Barnett Subject: FW: Pay Application Three Did you ever hear anymore from North Texas on this? _____ From: Zach Fusilier [mailto:zfusilier@ntexcon.com] Sent: Saturday, August 01, 2009 11:20 AM To: 'Clay Barnett'; anord Cc: arolph; Jennifer Haynes; 'Bruce Dunne' Subject: RE: Pay Application Three Clay, There is no issue with Change Order # 2 which we will execute Monday AM and return. We are working through a potential claim ( JRJ Paving ) on Change Order # 1 due to the substantial portion of the earthwork being deleted. Per the contract the contractor has grounds for re-negotiation of unit cost if a quantity is arbitrarily reduced or increased more than 25 % of the original amount. When we reduce the earthwork item from 14,000 to 4,000 CY it has impacted JRJ and he needs to request an adjustment to the remaining 4,000 CY of remaining earthwork based on the economy of scale principal. NTC also has a good amount of general conditions and front end costs in this item that will negatively impact our firm. I will have correspondence to you by Monday AM regarding this as well as the executed change order # 2. This is the only issue regarding the change orders so please do not hold payment due to this issue. The singing of the change orders is independent of us being funded for work completed in July by us and our subcontractors. Holding this payment application will penalize subcontractors financially that have nothing to do with the change in quantities and performed accepted work last month. Thanks for your help. From: Clay Barnett [mailto:cbarnett@addisontx.gov] Sent: Friday, July 31, 2009 3:44 PM To: Andrew Nord Cc: arolph@ntexcon.com; zfusilier@ntexcon.com; jhaynes@udr.com; Bruce Dunne Subject: Pay Application Three Andy, Pay Application 3 is attached. Please have it executed and forward for payment. By the way, I am holding off on payment of this item until the execution of the two change orders: 1. 10" PVC SS PIPE (14'-16' DEEP) BY OPEN CUT 120 LF The following item will need to be added to Change Order #3 (Bruce, please add these if they are not included in Change Order #1 or #2): 1. LOWERING EXIST 8" WATER LINE 1 EA 2. 12" STEEL CASING BY BORE 30 LF I am unsure that the following item is a City expense: 1. PLATFORM FOR TEMP DUCT BANK SUPPORT 1 LS If you have any questions, please feel free to contact me. Thanks, Clay Barnett, P.E. Town Engineer Town of Addison 16801 Westgrove Drive Addison, TX 75001-2818 Office: (972) 450-2857 P Please consider the environment before printing this email. ******************************************************************************************************************* This e-mail and any files or attachments transmitted with it contains Information that is confidential and privileged. This document may contain Protected Health Information (PHI) or other information that is intended only for the use of the individual(s) and entity(ies) to whom it is addressed. If you are the intended recipient, further disclosures are prohibited without proper authorization. If you are not the intended recipient, any disclosure, copying, printing, or use of this information is strictly prohibited and possibly a violation of federal or state law and regulations. If you have received this information in error, please delete it and notify Hamid Khaleghipour at 972-450-2868 immediately. 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