Matt and Clay, I’m not clear on what the issue is, but it appears, based upon the language of the agreement that is referenced below, that the contractor is to commence construction within 10 days of the date that the notice to proceed is issued. That would mean day one or day 10 after the notice to proceed is issued. If you want to visit about this further, please let me know. John From: Matt McCombs [mailto:mmcCombs@addisontx.gov] Sent: Friday, April 15, 2011 9:48 AM To: Clay Barnett Cc: Hill, John Subject: FW: Vitruvian Ph 2 contract time start date Clay – I have no idea what COG spec he is referring to. On the spec document that was posted to bidsync, the only reference I find related to a NTP is the following: “Q. CONSTRUCTION SCHEDULE: It is the Owner's desire to have the project completed and operational in as short a time as possible. The number of calendar days for completion of the project will begin with the date specified in the Notice to Proceed. 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 (IB-5).” I read this to say that the calendar days for completion begins with the date in the NTP, which was April 12 in your amended NTP. What is less clear is whether the “within 10 days” clause is intended to make sure that there are no unnecessary delays by the contractor, give the contractor adequate startup time, or some combination of the two. I suspect that the legal interpretation may follow Mr. Farrow’s line of thinking. I have copied John Hill for his thoughts, especially given the sensitive nature of this project. Thanks, -matt Matthew E. McCombs Management Analyst Town of Addison (972) 450-7090 Fax: (972) 450-7065 mmccombs@addisontx.gov 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. *******************************************************************************************************************