Eric / Clay, I have reviewed Bruce’s statement that Pay Item # 31 / Special Provision # 110 covers the added rock check dam and disagree. Although the pay item says that it is all inclusive of anything that is required to re-route the creek, it still doesn’t allow for open ended erosion requirements for the entire job. The rock check dam is not installed for any re-routing of the creek. This was placed at the request of the Town / UDR and approved prior to placement based on a change order price. If NTC would have dug a bypass trench around the existing location I believe any rock check dams in this bypass swale or other re-routing could fall under this item, but this check dam was placed in the same manner as the silt fence and curlex which is clearly shown on the plans and paid by the unit. Why is the silt fence paid and the curlex paid when it is installed under the same principal as this check dam was? This position is probably very easily argued by both sides because Pay Item # 31 is open ended and who’s decision is it whether erosion control required goes with pay items or falls under this item. I believe that if the erosion control relates to bypass pumping or re-routing the creek such as our filtration basins, coffer dams, etc… than it should be paid by NTC. I believe that if the erosion control is required to protect areas at risk due to proposed improvements or on the existing conditions then it should be paid through the erosion control items in the contract. Because the rock check dam is installed on the existing creek to protect from normal discharge or grading operations on the site then it does not fall under Item 31, but rather should be treated like the silt fence and the curlex. The rock check dam on our filtration basin will not be billed for but would be subsidiary to Item # 31. Let me know what you both think as if this would not have been approved or if it would have been published that it was for free then we would have proceeded differently. Please note that we have also installed this 3 times and only asked for reimbursement 1 time. Adding up the three try’s at this we have spent over 11K so this is close to a split anyways. Let me know your thoughts. Zach Fusilier North Texas Contracting 4999 Keller Haslet Road Keller, Texas 76248 Office - 817-430-9500 Cell - 817-819-6691 From: Eric T. Little [mailto:ELittle@udr.com] Sent: Tuesday, October 19, 2010 3:48 AM To: 'zfusilier@ntexcon.com' Subject: Fw: Vitruvian Park - Change in Scope and Fee #5 Fyi From: Bruce Dunne [mailto:bdunne@icon-engineers.com] Sent: Monday, October 18, 2010 08:39 PM To: Clay Barnett Cc: Eric T. Little Subject: RE: Vitruvian Park - Change in Scope and Fee #5 Hey Clay - Sorry I missed your call - I had to run out right after work and must have just missed you (had to attend a wake for a neighbor who was in a car accident this past Friday). Attached is where Change Order #4 stands. There are four unresolved issues at this time. 1) We don’t have a price for Fish Habitat Boulders from NTC (we are months from installing these so I think we should just postpone this item). 2) Rock Check Dam – this item is covered in pay item #31 and Special Provision 110. This shouldn’t be paid to NTC. 3) Structural steel items related to the pergola. I sent this on to Victor for his opinion. He spoke to a steel fabricator that he knows, who he said was “flabbergasted” by the price increase. Tubular steel ways less than the I-beam and the increase in cost ($26,485) is unjustified. This needs some explaining by Zack. 4) Zack requested 39 extra days. I think this needs further discussion as well. As soon as these four items are addressed, I can modify the change order. From: Clay Barnett [mailto:cbarnett@addisontx.gov] Sent: Monday, October 18, 2010 6:00 PM To: Bruce Dunne Subject: RE: Vitruvian Park - Change in Scope and Fee #5 Thanks Bruce. Now get back to work on Change Order #4… BTW, What kind of rock are we going to use for the boulders? Clay Barnett, P.E. Town Engineer Town of Addison 16801 Westgrove Drive Addison, TX 75001-2818 Office: (972) 450-2857 From: Bruce Dunne [mailto:bdunne@icon-engineers.com] Sent: Monday, October 18, 2010 5:59 PM To: Clay Barnett Subject: RE: Vitruvian Park - Change in Scope and Fee #5 See revised attachment. From: Clay Barnett [mailto:cbarnett@addisontx.gov] Sent: Monday, October 18, 2010 4:07 PM To: Bruce Dunne Subject: RE: Vitruvian Park - Change in Scope and Fee #5 Bruce, This is lump sum. Since it is construction phase services, it needs to be a cost plus proposal. Can you make that change? Thanks, Clay Barnett, P.E. Town Engineer Town of Addison 16801 Westgrove Drive Addison, TX 75001-2818 Office: (972) 450-2857 From: Bruce Dunne [mailto:bdunne@icon-engineers.com] Sent: Tuesday, September 21, 2010 2:59 PM To: Clay Barnett Subject: Vitruvian Park - Change in Scope and Fee #5 Clay – per your request, attached is our Change in Scope and Fee request for additional services performed for the Vitruvian project. Also attached is a detailed breakdown including the description of the service provided and the associated cost for that service. I will also send you a hard copy of these documents via the mail. This CFS is all inclusive for services provided through September 10th. On another matter, at this time we are currently in week 80 of construction phase services. Our original proposal included 78 weeks of construction phase services. Assuming another 10 months of construction to complete the park package, this would mean adding an additional 43 more weeks of construction phase services. Assuming an average of 12 hours per week is spent on construction phase services, an additional $70,000 is anticipated to be required to complete the project. As we previously discussed, our allotted fee for Reimbursibles will not be reached. In fact, we should have right around $70,000 left over upon completion of the project. If this reimbursable allocation can be used for the additional construction phase services over the next 43 weeks, then it may not be necessary to request additional funding beyond this CSF #5. Thanks for your consideration. BRUCE F. DUNNE, P.E. President icon Consulting Engineers, Inc. Bicentennial Financial Center 250 W. Southlake Blvd., Suite 117 Southlake, Texas 76092 Phone: (817) 552-6210 Fax: (817) 552-3126 Mobile: (817) 707-9711 ****************************************************************************************************************** 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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