I agree – if the credit was between 50-60k, I would deem it to be reasonable. Andy needs to be a little more open to the negotiation here. If we just say no, and take full credit for the cost of the asphalt removed a settlement could drag on indefinitely. From: Barbier, Michael Sent: Monday, June 20, 2011 11:53 AM To: Cline, Nancy S.; Barnett, Clay Cc: Romanowski, Mike Subject: RE: Spring Valley Road Widening Nancy, I have a few thoughts on these change order items that I wanted to run by you before we start talking with Andy. Temp Asphalt This change has actually gotten slightly worse since we gave them comments last month thanks to the need for more flex base material. My main concerns are still the lump sum items associated with removing the asphalt from the job. From the specs SP-22 "any and all costs or impacts whatsoever incurred by the Contractor in accelerating the Contractor’s work to overcome or absorb such delays or events in an effort to complete the Contract prior to expiration of the Original Contract Time, regardless of whether the Contractor successfully does so or not, shall be the sole responsibility of the Contractor in every instance". I believe this should negate the lump sums for flagmen and added move in for the slip form paver. The only compromise they may be entitled to would be the increase in cost for HMAC items per SP-18 "When the quantity of the work to be done or materials to be furnished under any major pay item of the contact is less than 75% of the quantity stated in the contract, whether stated by Town of Addison or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work below 75% of the quantity stated in the contract". If these two lump sum items are removed we would be looking at a $50,000 credit which I think is much more appropriate that the current amount. Water Lowerings I would like to request pricing for a 12" PVC water line lowering to compare to his 12" AC lowering. The specs did specify the lowerings would be PVC, but they did not specify a size. Possible locations to lower the 12" water line were shown on the storm later profiles and should have been accounted for in the original bid. I the only legitimate additional compensation for these lowerings should be for dealing with the AC line. Andy did mention that he is planning on coming to the meeting this Thursday to help iron this out. Let me know if you have any other ideas or would like me to ask Andy for any further information. Michael Barbier, P.E. Civil Engineer HALFF ASSOCIATES, INC. 1201 North Bowser Road Richardson, Texas 75081 Phone 214-217-6643 Fax 214-739-0095 www.halff.com From: Andrew Nord [mailto:anord@ntexcon.com] Sent: Monday, June 20, 2011 6:27 AM To: Cline, Nancy S. Cc: Barnett, Clay; 'Josh Hodsdon'; Barbier, Michael; 'Zack Fusilier' Subject: Spring Valley Road Widening Nancy / Clay Attached to this email are the change order letters for the Deletion of Temp Asphalt and the 12” Water Line Lowerings as well as the back-up for each. Please note that we have altered the pricing on these (in the Town’s favor) to try and make these even better for you guys and get this stuff behind us. Please let me know if you have any questions on these. I am also attaching to this email the Over-time Charges that the City of Farmers Branch is hitting us with for when we did the water line lowerings. Please let me know how you would like to handle these. If you can get them to waive these fees, great, but if we need to pay them, we would ask that these fees be added to this change order. Thanks again Andy Andrew D. Nord North Texas Contracting | Estimator 4999 Keller Haslet Rd. Keller, TX 76248 Phone: 817.430.9500 Fax: 817.430.9207 Cell: 817.819.4117