Clay I do not have a copy of the contract which Robert is referring to but in accordance with the specifications, Section Q, Page IB-5, it states: “The Notice to Proceed will be issued in a manner to facilitate a smooth construction of the project. The Contractor shall begin construction within ten (10) calendar days of the issuance of the Notice to Proceed.” Based on his request, he is correct. Now we can proceed one of two ways…… 1. State that his time does not start until 10 days after NTP or 2. Tell him we are under tight time constraints and we want the job completed as fast as possible, so get started and we will take his request under advisement and will review only if the additional time is necessary at the completion of the project. I recommend we do the first ….... THANKS ! Kent Power, P.E. 210.889.8143 (Mobile) 210.525.0647 (Office) R. H. Shackelford, Inc. 1100 NW Loop 410, Suite 546 15218 Isla Pinta Drive San Antonio, TX 78213 Corpus Christi, TX 78418 Email: kpower@rhsitx.com Fax: 210.492.8842 A Service Disabled Veteran Owned Small Business (SDVOSB) From: Clay Barnett [mailto:cbarnett@addisontx.gov] Sent: Thursday, April 14, 2011 5:36 PM To: 'K Power' Cc: Tom Forrest; 'Eric T. Little' Subject: FW: Vitruvian Ph 2 contract time start date Kent, Looks like I have some pig wrestling to do on Monday. J I am going to let him think about it over the weekend though. I will give you a call on Monday. Have a great weekend. Thanks, Clay Barnett, P.E. Town Engineer Town of Addison 16801 Westgrove Drive Addison, TX 75001-2818 Office: (972) 450-2857 From: Robert Farrow [mailto:rfarrow@concretepaversystems.com] Sent: Thursday, April 14, 2011 2:23 PM To: Clay Barnett Cc: Mike Henjum; Lauren Williams; Matt McCombs; Eric T. Little Subject: Vitruvian Ph 2 contract time start date Clay: We understand that you probably think we are being anal on this issue however we consider the contract start date is very important on this project as it is of a relatively short duration and there are financial ramifications of the time charged for both parties in the agreement. We previously sent you an email that referenced two (2) COG specs relating to the notice to proceed and 10 day window allowed the contractor to start the project. Today we reviewed the executed contract. In the fourth paragraph on CA-2 the contract reads “ The CONTRACTOR hereby agrees to commence work within ten (10) calendar days after the date of written notice to do so shall have been given to him, to complete the work within 175 calendar days, after he commences work…” We believe the wording and intent of this paragraph is to allow the contractor 10 days prior notice before the contract time is started. We believe this, coupled with the other spec sections previously noted that also contain the 10 day wording, clearly indicates that the contract time should start on the 10th day after notice is delivered. We believe that the contract time should start no earlier than April 18th and actually if you do not count the April 8th. It should be April 19th. We agree with you that COG dictates that the Town dictates the start date and we believe that the Contract dictates that it is 10 days after the notice to proceed is provided. On a practical matter this allows both the Town, the Engineer, and other contractors on site time to provide the required pre-construction items needed as well as the required relocation of plant and existing improvements without overly disrupting there pre-existing schedules or causing our company any delay. Please consider this and amend the contract start date as requested above. Respectfully Submitted Robert Farrow Chief Operating Officer CPS Civil LLC ****************************************************************************************************************** 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. Thank you. *******************************************************************************************************************