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Contract 46726-CO2
my SECRETARY/� CONTRACT NO. FORT WORTH. City of Fort Worth Y Change Order Request Rolling Hills Water Treatment Plant Project Name Phase 6-Flocculation Basins improvements City Sec# Client Project#(s)l Fort Worth Water Dept(02122); CDM Smith 103999); Archer Western Construction 215024 Project Description 4#-50 MGD Flocculation Basins-Demolition of 3-Stage Horz.Flocculation,and Conversion to 2-Stage Vert.Flocculation and related Elect.and I&C;Installation of Basin Isolation gates;Service water piping mod cations Contractorl Archer Western Construction,LLC Change Order# 2 Date 7/1312016 City Project Mgr.1 Fadda S Goderya,PhD,PE City Inspector r Mike Hill Contract Time Dept. Water Totals CD Original Contract Amount $4,312,900.00 $4,312,900.00 440 Extras to Date $21,806.35 $21,806.35 6 Credits to Date Pending Change Orders(in M&C Process) $0.00 $0.00 0 Contract Cost to Date $4,334,706.35 $4,334,706.35 446 Amount of Proposed Change Order $41,065.84 $41,065.84 20 Revised Contract Amount $4,375,772.19 $4,375,772.19 466 Original Funds Available for Change Orders $0.00 Remaining Funds Available for this CO $0.00 Additional Funding(if necessary) $41,065.84 $41,065.84 CHANGE ORDERS to DATE(INCLUDING THiS ONE)AS%OF ORIGINAL CONTRACT 1.46°/n MAXALLOWABLE CONTRACTAMOUNT(ORIGINAL CONTRACT COST+25%) $5,391,125.00 JUSTIFICATION(REASONS)FOR CHANGE ORDER This Change Order#2 covers the following: RFP-03 Contractor request for additional compensation related to City request for early provision of Basin No.3 due to water production demands. City request impacted contractor schedule and required modification of their work plan and activities,resulting in addition project costs. Additional contract time of 20-days requested by the Contractor. Additional details may be found in the attached pages. It is understood and agreed that the acceptance of this Change Order by the contractor constitutes an accord and satisfaction and represents payment in full(both time and money)for all costs arising out of,or incidental to,the above Change Order. ttott actor's Cogr tan,;Name Contractor Name ConlractSj itlr 'We - Archer Western Construction,LLC Wayne Pursle 1 Linda Laver M& I Goritrpftarit En lrtear-.0 Pat@ Prole tMana ar/Ptb r 'M r _ ;Da Chad Bartruff,PE 1 Farida S.Gode a,PE VYaCdr»hector 'Date AdUng Asslstant•pireotor,.En l ;erin a John Carman-4,�/-, 411,11, Christopher Harder,PE AststantCi Aft ♦ _ Date Assistant.0 fiager Data Dou Black 11-14-11 Jay Cha a Council Action if re uleed M&C Number NA M&C Date_ Qyed NA RECEIVED by . ,eta ®1 " OFFICIAL RECORD AUG 1,7 2016 CITY SECRETARY t Ct�� � J. Kayser, City S FT. WORTH TX 7 a - / k CD k LO # 7 / § / 7 # \ F \ _ L ® m 0 $ f � S �U) H./ -a c,j C) o & § f § a 7 - U E o % = o 0 $ _ a 7 k 0 ■ � a a � � I � m .2 k § § � � k u- © � � � 0 \ o B $ R ^ \ LL ' 2 2 « 2 § / k o ® D A o a % § 2 m 2 = m _ & _ / / » k / E T E / E k k k � -- k k \ E $ u % . a .2 = 2 q o ) k � 2 \ II — r / 6 / $ f .5; § 2 « � f \ q m 7 0 � / / 7 L ¥ \ & _ = 0 Z « § 7 S « — k ° § 2 6 % 2 ) 7 C _ § 2 § _ — u Q — 5 L \ / � kcr / \ u ƒ \ / 2 \ f / Q cr § 2 k c g — o o 2 / 2 » a R co+ k \ / § G : / 2 0 8 co E $ m f 2 7 G u Ci g $_ED d) � e : 0 2 0 k ° % 5@ E d 2 E 2 7 # # E@ / 2 % % 5 ° 0 c — c " — _ \ E / § 2 2 25 b § ( 7 $ \ % / \ k k / k § \ 2 ' ' — — e o / 2 E k \ ° t5 CL 0 C \ v ƒ / \ k \ 2 / \ / 2 a / — / , , C RFP-03-Revised Date: June 16,2016 Project: Rolling Hills WTP Phase 6 Owner: City of Fort Worth Contractor: Archer Western Contractors,LTD Engr: CDM-Smith CHAN EDE RIPTION: Stop work Basin 03 February 16,2016 Resume work Basin#3 March 14,2016 Impact: Startup last basin complete 6130116. 22 workdays=30 calendar days DESCRIPTION QTY U/M UNIT PWCE LABOR MATERIAL EQUIPMENT SUB TOTALS IMPACT CATEGORY Labor: Administration 4 HR $ 65.00 $ 260.00 Category 1 Supervision 1 WK $ 6,500.00 $ 6,500.00 Category 1 Clean out Basin 03 2nd time 60 MH $ 21.00 $ 1,260.00 Category 2 Complete WaterSpray Piping from Lift 80 MH $ 21.00 $ 1,680,00 Cateaory 2 Complete Handrail from Lifts 80 MH 1 $ 21.00 $ 1,680.00 Category 2 Basin#4 Flooded 2/19 O 90 MH $ 31.50 $ 2,835.00 Category 2 Total MHs 315 Materials: Office Rental 0.25 MO $ 407.71 $ 101.93 Category 1 Drinking Water 0.25 MO $ 300.00 $ 75.00 Category 1 Internet 0.25 MO $ 252.36 $ 63.09 Category 1 Telephone 0.25 MO $ 391.05 $ 97.76 Category 1 Electric 0.25 MO $ 331.20 $ 82.80 Category 1 Dum ster 0.25 MO $ 132.19 1$ 33.05 Category 1 Temporary Toilets 0.25 MO $ 269.14 $ 67.29 Category 1 Form Rental beam 8 walkway shorin Basin 0.25 MO $ 7,707.45 $ 1,926.86 Category 3 Form Rental columns&ca s Basin 4 0.25 MO $ 2,517.27 $ 629.32 Category 3 Form Rental walls Basin 4 1680 SF $ 0.38 $ 630.00 Cateaory 3 Equipment: Skytrack JLG G9 0.25 MO $ 3,551.00 $ 887.75 Category 1 3 Weeks -Category 2 1 Week Scissor Lift 0.25 MO $ 2,000.00 $ 500.00 Category 1 3 Weeks -Category 2 1 Week Scissor Lift 025 MO $ 2,000.00 $ 500.00 Category 1 3 Weeks-Cate 2 1 Week 150T Crawler Crane 0.25 MO $ 15,000.00 $ 3,750.00 Category 1 3 Weeks-Category 2 1 Week Welder 300 AMP 0.25 MO $ 765.00 $ 191.25 Category 1 3 Weeks -Category 2 0 Week Compressor 185 CFM 0.25 MO $ 660.00 $ 165.00 Cate o 1 3 Weeks-Cat 2 1 Week Pick Up Truck 0.25 MO $ 700.00 $ 175.00 Category 1 3 Weeks -Category 2 1 Week Fuel Oil Grease for crane 0.25 MO $ 6,000.00 $ 1,500.00 Category 1 3 Weeks -Category 2 1 Week Subcontractor: 1 LS $ $ i TN $ $ LS $ SUBTOTALS: $ 14,215.00 $ 3,707.09 $ 7,669.00 $ $ 25,591.09 SMALL TOOLS @$21MH $ 630.00 $ 630.00 SAFETY SUPPLIES@$21MH $ 630.00 $ 630.00 PAYROLL BURDEN @ 55%OF LABOR $ 7,818.25 $ 7,818.25 SUBTOTALS: $ 23,293.25 $ 3,707.09 $ 7,669.00 $ $ 34,669.34 15%OHP(LMSE) $ 5,200.40 5%OHP(Sub) $ 3%BOND&INSURANCE $ 1,196.09 TOTAL AMOUNT OF THIS PROPOSAL $ 41,065.84 Additional Time Request = 20 calendar days Bartruff, Chad From: Goderya, Farida <Farida.Goderya @fortworthtexas.gov> Sent: Wednesday,June 29,2016 3:06 PM To: 'Pursley,Wayne'; Bartruff, Chad Cc: 'Linda Lavar(Ilaver @walshgroup.com)' Subject: RE: RH WTP Basin 3 - Revised Pricing", CFW approved Follow Up Flag: Follow up Flag Status: Flagged Hi Wayne, I have reviewed and discussed the updated pricing proposal (dated June 16,2016)which you provided to me last week. All things considered,the CFW/FWWD accepts your revised proposal of$41,066;please note that this will settle all matters regarding this stop work request/claim from Archer Western for Basin#3.We will process this as a Change Order(CO2?). Chad, Please document all the relevant correspondences and emails as a CMR 01;and also put together the paperwork for the change order. Call or email with questions. Regards. Farida Farida Goderya, PhD, PE Senior Project Manager Fort Worth Water Department Office: 817-392-8214 Cell: 817-851 4910 Farida.GoderyaCa.fortworthtexas. ogovv From: Pursley, Wayne [ma i Ito:wpursley@walshgroup.com] Sent: Wednesday,June 22, 2016 10:34 AM To: Goderya, Farida Subject: RE: Basin 3 - Revised Pricing** Farida, We are not willing to change the time request. If that cannot be done,the deal is off.We can take it to mitigation and see what happens. Let me know what you want to do. Wayne Pursley Project Manager Archer Western PH 972-457-8556 Cell 817-401-5043 From: Goderya, Farida [mailto•Farida Goderya( fortworthtexas.Qov] Sent: Wednesday,June 22, 2016 9:23 AM To: Pursley, Wayne Subject: RE: Basin 3 - Revised Pricing** 1 Hi Wayne, I appreciate you reconsidering and revising the pricing.What about additional time request, it needs to be adjusted down as well? It will be hard to justify additional 20 calendar day time request. If you guys were doing the additional work on vaults,20 or a little more additional days could have been justified. Call or email with questions. Regards. Farida Farida Goderya, PhD, PE Senior Project Manager Fort Worth Water Department Office: 817-392-8214 Cell: 817-851-4910 Farida.Goderyagfortworthtexas.gov From: Pursley, Wayne imailto:wpursley(a)walsh(iroup.com) Sent: Wednesday,June 22, 2016 7:44 AM To: Goderya, Farida Subject: Basin 3 - Revised Pricing Farida, Attached find the revised pricing following our discussion yesterday. If you have any further questions on the pricing, let me know. In regards to the additional work on the vaults,we are going to pass on that work.We did not have any overhead in that proposal and with this resolution on Basin 3 it would not be feasible for us to keep people out there for that work. Thank you, Wayne Pursley Project Manager Archer Western PH 972-457-8556 Cell 817-401-5043 2 ■ ■ June 17, 2016 Farida Goderya, PE (Distributed via email only) Senior Project Manager City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Ref: Rolling Hill WTP— Phase 6— Flocculation Basins Improvements Project Subject: RFP-03 Stop Work Basin No. 3 Dear Ms. Goderya; This letter is in response to your June 8, 2016 letter regarding Archer Western's request for compensation for the delays caused by the Stop Work Order on Basin #3 on February 16, 2016. We strongly disagree with the City of Fort Worth's position to deny any additional compensation for suspension of work that occurred on Basin #3. The impact of the suspension of work on Basin #3 is well documented in our CPM Schedules which have been referenced in the correspondence regarding this claim. The overall impact was three additional weeks added to the overall project completion date and a one week impact to the completion of Basin#4. The additional cost incurred by Archer Western fall into three main categories: • Category 1 -Additional Jobsite Supervision, Office Rental and Construction Equipment Rental—The resulting impact to the overall completion of the project was three weeks as stated above and identified in our CPM schedule updates. These items are broken out in our attached spreadsheet and listed as category 1 impacts. These additional costs are the result of the City of Fort Worth's decision to suspend work on Basin #3. We have followed the guidelines from Article 15 of the General Conditions and have not included any cost for standby time for our crews or our construction equipment. These are actual costs resulting from the additional time this suspension of work added to the project as identified in our CPM schedule. • Category 2 - Additional Form Rental for Basin #4— Due to the City of Fort Worth's request to evacuate Basin#3, Archer Western pulled all personnel on the project off of Basin #4. No work was done on Basin #4 from 2/17-2/19. In addition, this resulted in Archer Western losing our slotted times for concrete from our concrete supplier during that week. The overall impact to Basin #4 was one week. We are requesting one additional week of column form, cap form, beam shoring and wall form rental. It should be noted we have reduced this rental from one month to one week in the attached spreadsheet. We have followed the guidelines from Article 15 of the General Conditions and have not included any costs for standby time for our crews or our construction equipment. These are actual costs for the additional form rental for Basin #4 which was a direct result of the City of Fort Worth's request to 1411 Greenway Dr. Irving,Texas 75038 972-457-8500(fax)972-457-8501 An Equal Opportunity Employer Lai V evacuate Basin #3. These items are broken out in the attached spreadsheet as category 2 impacts. • Category 3 - Additional labor and construction equipment resulting from cleaning out Basin #3 on 2/17 and 2/18 and the additional labor required to clean up Basin #4 which was flooded on 2/19. Basin #3 was cleaned out to place this basin into service. Once the basin was turned back over to Archer Western on 3/14/16, we completed the work on the basin and then had to do a complete re-cleaning of the basin. We also had the added issue of the flooding of Basin #4 which resulted in additional cleaning time on that basin. We consider this additional labor and one week of additional construction equipment. These items are broken out in the attached spreadsheet as category 3 impacts. Our revised cost for this claim is $102,503.99 and 20 calendar days. The revised breakdown is attached for your reference. Per Article 10.06.B.5 of the General Conditions of the Contract, Archer Western confirms the adjustment claimed is the entire adjustment to which we believe we are entitled for the stop/suspension of work that occurred on Basin #3 on February 16, 2016. We are confident in our position on this claim and hope to resolve it at the project level. However if that cannot be accomplished, we intend to pursue the resolution per Article 16- Dispute Resolution of the General Conditions. If you have any questions regarding this matter, please contact me at your earliest convenience. Sincerely, waym ffluw4 Wayne Pursley Project Manager Archer Western Construction 1411 Greenway Dr. Irvina. Texas 75038 972-457-8500 (fax) 972-457-8501 An Equal Opportunity Employer RFP-03-Revised Date: June 16,2016 Project: Rolling Hills WTP Phase 6 Owner: City of Fort Worth Contractor: Archer Western COntractors,LTD Engr: CDM-Smith CHANGE DESCRIPTION: Stop work Basin#3 February 16,2016 Resume work Basin 03 March 14,2016 Impact: Startup last basin complete 6/30/16. 22 work days-30 calendar days DESCRIPTION QTY U/M UNIT PRICE LABOR MATERIAL EQUIPMENT SUB TOTALS IMPACTCATEGORY Labor: Administration 4 HR $ 65.00 $ 260.00 Category 1 Supervision 3 WK $ 6,500.00 $ 19,500.00 Category 1 Clean out Basin#3 2/17-2/18 352 MH $ 21.00 $ 7,392.00 Category 2 Basin#4 Flooded 2/19 O 90 MH $ 31.50 $ 2,835.00 Category 2 Total MI-Is 449 Materials: Office Rental 0.75 MO $ 407.71 $ 305.78 Category 1 Drinking Water 0.75 MO $ 46.70 $ 5,062.00 Cateoory 1 Internet 0.75 MO $ 252.36 $ 189.27 Category 1 Telephone 0.75 MO $ 391.05 $ 293.29 Category 1 Electric 0.75 MO $ 331.20 $ 248.40 Category 1 Dum ster 0.75 MO $ 132.19 $ 99.14 Category 1 Temporary Toilets 0.75 MO $ 269.14 $ 201.86 Category 1 Forth Rental beam&walkway shori Basin 025 MO $ 7,707.45 $ 1,926.86 Category 3 Forth Rental columns&ca s Basin 4 0.25 MO $ 2,517.27 1$ 629.32 1 Category 3 Forth Rental walls Basin 4 1680 SF $ 0.38 $ 630.00 Category 3 Equipment: Skytrack JLG G9 1 MO $ 3,551.00 $ 3,551.00 Category 1(3 Weeks)-Cate 2 1 Week Scissor Lift 1 MO $ 2,000.00 $ 2,000.00 Category 1 3 Weeks-Cat 2 1 Week 150T Crawler Crane 1 MO $ 15,000.00 $ 15,000.00 Category 1 3 Weeks-Cate 2 1 Week Welder 300 AMP 1 MO s 765.00 $ 765.00 Category 1 3 Weeks -Category 2 1 Week Compressor 185 CFM 1 MO $ 660.00 $ 660.00 Category 1 3 Weeks-Category 2 1 Week Pick Up Truck 1 MO $ 700.00 $ 700.00 Cate o ry 1 3 Weeks -Cat 2 1 Week Fuel Oil Grease for crane 1 MO $ 6,000.00 $ 6,000.00 Category 1 3 Weeks-Category 2 1 Week Subcontractor: 1 LS $ $ 1 TN $ $ $ LS $ SUBTOTALS: $ 29,987.00 $ 9,585.92 $ 28,676.00 $ - $ 68,248.92 SMALL TOOLS @$2/MH $ 898.00 $ 898.00 SAFETY SUPPLIES @$21MH $ 898.00 $ 898.00 PAYROLL BURDEN @ 5S%OF LABOR $ 16,492.85 $ 16,492.85 SUBTOTALS: $ 48,275.85 $ 9,585.92 $ 28,676.00 $ $ 86,537.77 15%OHP(LM&E) $ 12,980.67 5%OHP(Sub) I$ 3%BOND&INSURANCE $ 2,985.55 TOTAL AMOUNT OF THIS PROPOSAL $ 102,503.99 Additional Time Request = 20 calendar days FORTWORTH WATER June 8,2016 Archer Western Construction, LLC (Distributed by Email only) 5514 East Hampton Drive Houston,Texas 77039 Attention: Mr.Wayne Pursley&Ms. Linda Laver; Archer Western Construction RE: Archer Western RFP-03 Stop Work Basin#3 CO2122 -Rolling Hills WTP,Phase 6 Flocculation Basins Improvements M&C C-27266(Approved 4/14/15);City Secretary Contract#: 46726 Dear Mr. Pursley/Ms. Laver: This letter serves as an official response to your letters dated April 4, 2016 and May 20, 2016; making and then supporting a request for additional compensation in the amount of$121,863.19. The City's Engineer responded on May 4, 2016 and provided a detailed explanation as to why the request would not be accepted. We have reviewed your May 20, 2016 letter response and again conclude that, pursuant to the contract documents,the request for additional compensation is denied. The request for extra compensation is denied because under Article 12.03 of the General Conditions, there was no failure by the City to provide information or material (or even extra accommodations) regarding work and closure on Basin #3. As for the time extension request of 20 days, based on the schedules provided by Archer Western, we believe that Archer Western is on schedule to finish the project within the currently allocated time. Should a situation arise and additional days are required, the City will consider a request for same. We have converted your request to a Contract Claim as that term is defined in the General Conditions. For purposes of timing, we are treating your May 20, 2016 letter as the date from which response times are calculated. As such, you may submit additional documentation for consideration or accept this letter as a formal denial and proceed with any next steps under Article 10.06 of the General Conditions. To substantiate your Claim, please submit any supplemental information within 10 days of the date of this letter. If there are any questions,please contact me at 817-392-8214 or Farida.Goderya@fortworthtexas.gov. Sincerely, Farida S. Goderya,PhD,PE Senior Project Manager Distribution(Via Email): Jeff Polak;Archer Western Construction,LLC John Carman,Chris Harder,PE,Charly Angadicheril,David Townsend,PE,George Joseph;FWWD Doug Black,Sr.Assistant City Attorney Chad Bartruff,PE,and Doug Varner,PE;CDM Smith Engineering Files WATER DEPARTMENT ENGINES SIG FISCAL AND REGULATORY SERVICES T The City of Fort Worth•1000 Throckmorton Street•Fort Worth,Texas 76102 817-392-8240•Fax 817-392-8195 H:\CFW\Rolling Hills WTP\Ph 6-Flocculation Basin Imp(02122)\Constmction\CMR,RFI,PCM\Basin#3 Stop Work CO\let2;Const Claim Response to AW.doc SAU May 20, 2016 Chad Bartruff, PE Project Manager CDM-Smith 100 Throckmorton Street, Suite 600 Fort Worth, Texas 76109 Ref: Rolling Hill WTP — Phase 6— Flocculation Basins Improvements Project Subject: RFP-03 Stop Work Basin No. 3 Dear Mr. Bartruff; This letter is in response to your May 4, 2016 letter regarding Archer Western's request for compensation for the delays caused by the Stop Work Order on Basin #3 on February 16, 2016. We have reviewed your comments and provide the following responses: Comment 1 —We have no disagreement with the City and CDM-Smith's position that the City reserved the right to accelerate/delay planned shut-downs dependent upon water production demand conditions. We also understand Section 01 12 16 states "Any costs associated with rescheduling will be borne by the Contractor, at no additional cost to the Owner." We have complied with this contract requirement and have not included any costs for rescheduling of the work. Our request is for the Cost of Work associated with the delays resulting from the stop work order issued on February 16, 2016 by CDM-Smith. Comment 2 —Archer Western has no disagreement with your comment regarding the February 16, 2016 Stop Work letter and the letter's content. We are unsure of your reasoning for pointing out Archer Western could (and did) continue construction atop Basin 3 in the pedestrian areas. The work atop the basin involved items such as installing handrail, grating etc. Clearly in our January 30, 2016 schedule update, these up top items were not on the critical path. The critical path activities were clearly those inside the basin and these are the work activities that were delayed and are the basis of our claim. Comment 3—We consider your comments regarding the availability of Basin No. 3 for use by the City on 2118/16, 10 days in advance of the specified constraint deadline of February 28th to be somewhat misleading. This delay began on 2/15/16 not 2/18/16 as you seem to imply in your letter. There is no doubt Basin #3 was turned back over to the City on 2/18/16 as requested in the Stop Work letter; however that date was the result of considerable effort on the part of Archer Western to meet the City's request. This all started on 2/15/16 with conversations and email between CDM-Smith and Archer Western. Archer Western received an email on 2/15/16 notifying us the City did want to proceed with getting Basin #3 back into service as soon as possible. Archer Western took immediate action to meet the City's needs. These actions included removing all of our forces from the work in Basin #4 1411 Greenway Dr. Irving, Texas 75038 972-457-8500 (fax) 972-457-8501 An Equal Opportunity Employer )Lit r and concentrating on preparing Basin #3 to go into operation as requested by the City. This resulted in missing scheduled concrete placements in Basin 4 which have to be scheduled two weeks in advance due to the amount of work in the Fort Worth area. This Stop Work Order, affected both Basin #3 and Basin #4 work schedules. Comment 4—We do not have a dispute with the description of the timeline of events following the City's decision to take Basin #3 back out of service to allow the work to continue. We are unsure of your point regarding the issue with the slide gate. First of all, if Archer Western had not been delayed, this issue would have been found earlier and there may have been sufficient time to get it corrected. At this point, there is no way for anyone to know this for sure. The second point is Archer Western clearly identified in the Monthly meeting on 4/6/16, the manufacturer was not providing a clear timeline for the repair and we recommended the City place the basin into service and we would repair the gate at a later time. This is ultimately what was done. We do not see the relevance of this issue to the matter of the Stop Work Order. Comment 5—We do not disagree Basin #2 was provided to Archer Western 10 days in advance of the specified constraint and we are appreciative of this. Unfortunately, we were not provided with sufficient enough notice this was going to occur. The issue was the 150 Ton crane needed for this project. As you can imagine, we and no other contractors have equipment of this size sitting around. We had scheduled this crane for delivery with the 10/1/16 start date identified in the documents. The crane was transported from a project in Indiana and could not be expedited in the short time frame we were given. With that being said, yes the basin was turned over early and we were able to begin some hand work, however the benefit was not 10 days. Comment 6—We understand the sequence of events that occurred; however we are unsure of how this relates to the Stop Work Order and the delays it caused. Comment 7—We do not disagree with the timeline you have described. Comment 8—We agree with your timeline; however Archer Western was working extensive amounts of overtime and we were making good progress on improving our schedule both on Basin #3 and Basin #4. All these efforts were directly impacted by this Stop Work Order. There is no doubt time was lost in Basin #3 due to the Stop Work Order; but Basin #4 was also delayed by a minimum of a full week due to stopping the work on 2/15/16 thru 2/18/16 and the resulting concrete placement delays. These are true impacts to the schedule with associated additional costs. Comment 9—This appears to be a repeat comment regarding the gate repair identified in Comment 4 above. We have no additional comments regarding this matter. Comment 10—We have no disagreement with the timeline identified. It is the delays to the overall schedule and the additional cost of work resulting from these delays that are the basis of our claim. 1411 Greenway Dr. Irving, Texas 75038 972-457-8500 (fax) 972-457-8501 An Equal Opportunity Employer Ali I Comment 11 —We do not disagree the City has worked with us on this project. However we would point out, Archer Western has also accommodated the City's requests on this project. In conclusion, the basis of our claim is the delay to the project's overall schedule due to the Stop Work Order issued on 2/16/18. Archer Western began this Stop Work on 2/15/16 in an effort to work with all parties to provide the Basin#3 to the City as quickly as possible to meet the water demands. It is difficult to understand how the City and CDM-Smith could take a position that this Stop Work Order did not cause a delay to the project. It also is clear from the Stop Work Order, CDM-Smith was aware this action would result in schedule impacts since we were requested in the letter to "identify potential schedule impacts". We identified the schedule impacts as requested and as everyone in this industry is aware, schedule impacts have cost impacts. We are simply requesting compensation for the cost of work associated with the delay. The contract documents clearly identify the definition of the cost of work and we have complied with these requirements in our request. The delay clause under Article 12.03 are clear regarding the compensation when direct and unavoidable extra costs are caused by the failure of the City. We stand by our claim and demand to be compensated for the additional costs associated with the delays resulting from the Stop Work Order. If you have any questions regarding our position, please let me know at your earliest convenience. Sincerely, WaWw fflu4a4 Wayne Pursley Project Manager Archer Western Construction 1411 Greenway Dr. Irvina, Texas 75038 972-457-8500 (fax) 972-457-8501 An Equal Opportunity Employer CDiV1 Smith 100 Throckmorton Street,Suite 600 Fort Worth,Texas 76109 tel:817-332-8727 VIA EMAIL May 4,2016 Linda Laver Assistant Project Manager Archer Western 1411 Greenway Drive Irving,Texas 75038 Subject: City of Fort Worth Rolling Hills WTP-Phase 6-Flocculation Basins Improvements Project Archer Western RFP-03 Stop Work Basin No.3 (dated April 4,2016) Dear Ms. Laver: This letter correspondence is in response to the Archer Wester(AW) letter request(dated 4/4/16), as indicated above. The City and CDM Smith have reviewed the request,schedules and relevant documents and provide the following comments/input: 1. Section 0112 16 Construction Sequence identifies requirements and conditions associated with the contractor's coordination and execution of work. As stated in Section 01 12 16,the City reserved the right to accelerate/delay planned shut-downs dependent upon water production demand conditions. As such,the City fully coordinated operations with respect to the specifications and in conjunction with the AW work schedule. 2. As you are aware,the previous February 16,2016 letter was issued due to water production demand conditions;keeping in mind the construction progress at that time,the City required Archer Western(AW)to provide the City operational use of Basin No.3 for water treatment. As noted with the request,the cast-in-place concrete work at that time was considered acceptable for complete form and shoring removal,and the remaining work,which required a dry basin for execution,could be coordinated for completion during a subsequent Basin No.3 shutdown. Additionally,it was only noted that although construction work within Basin No. 3 must be temporarily postponed,AW could (and did) continue construction work atop Basin No.3 in the pedestrian areas with provision of proper safety measures while working in those areas,over an open hydraulic structure. 3. Basin No.3 was requested by the City on 2/16/2016 to be put into service to meet water production demands. Basin No.3 was ready for City use on 2/18/2016, 10 days in advance of WATER+ENVIRONMENT+TRANSPORTATION+ENERGY+FACIUTi4i- CDM Smith Ms. Linda Laver May 4, 2016 Page 2 the specified operational constraint deadline of February 28th,which required for three basins to be in-service. 4. Basin No. 3 was taken out of service by the City and turned over to AW on 3/14/2016 to complete remaining work. As of 4/2/2016,AW considered Basin No. 3 ready for operation, however the new inlet slide gate failed testing and AW was determining repair requirements. Basin No. 3 was placed into service 4/11/2015 once the once AW advised that gate repairs could not be completed immediately. S. Basin No. 2 was provided to AW 10 days in advance (9/21/2015) of the specified operational constraint of October 1st. 6. Basin No. 3 was provided to AW 3 days following(12/3/2015) the specified operational constraint of November 30th. However,AW did not commence work in Basin No. 3 until 12/17/2015, 14 days following provision by the City. 7. Basin No.4 was provided to AW on 1/15/2016 following completion of Basin No. 2 within the specified operational constraint allowing for two basins (No. 3 and No.4) to be out of service. The AW projected completion date for Basin No.4 was 3/29/16 per the January 30, 2016 schedule update. 8. Basin No.4 was available for water treatment service 4/2/2016 and was placed into service, 4 days later than the January 30, 2016 progress schedule update,which planned for completion on 3/29/2016. 9. Also,the Basin No. 3 was completed simultaneous with Basin No.4; however AW evaluation of an equipment issue delayed start-up of Basin No.3 and subsequent City provision of Basin No. 1. 10.Basin No. 1 was provided to AW immediately on 4/11/2016 in accordance with the specified operational constraints,following Basin No.3 having been placed into service. 11.The above timeline notes that several accommodations to facilitate the AW work progress and schedule were provided by the City. As per Section 0112 16,only one basin could be out of service after February 28th. Consequently, Basin No. 1 would not have been provided to AW until all other basins were in service and producing water. With this in mind,and subsequent to the City's request for Basin No. 3, Basin No. 4 completion schedule was not significantly impacted as it was available for service on April 2, 2016,4 days beyond the provided AW schedule from January 30, 2016. And,the revised 103999-RCP-03 Basin No 3 Construction Response-20160503 REV1.docx ID CDM Smith Ms. Linda Laver May 4, 2016 Page 3 completion date for Basin No. 3 coincided with completion of Basin No.4,exclusive of the equipment installation/operation issue that was identified. Based on the above schedule information,and with consideration of the City's specified reserved- right to accommodate water production needs,the proposal as received is rejected. Please call should you have any questions regarding this determination. Sincerely, Chad Bartruff, PE Project Manager CDM Smith Inc. cc: FWWD; Farida Goderya,Chris Harder, Charly Angadicheril,George Joseph and Mike Hill AW; Linda Lavar, Chris Roon and Matt Dueling CDM Smith; Sagar Khole and Eric Bjorklund File: 103999- 05.02.10 103999 RCP-03 Basin No 3 Construction Response 20160503 REV1.d— �R� Iwo April 4, 2016 AW-COFW-004 Fort Worth Water Department 1000 Throckmorton Street Fort Worth, Texas 76102 ATT: Ms. Farida Goderya, PhD, PE Sr. Prof Engineer I Facilities Project Manager RE: Rolling Hills WTP Phase 6 Flocculation Basin Improvements City of Fort Worth Water Department, Project No. 02122 RFP-03 Stop Work Basin#3 Dear Ms. Goderya: At the direction of the City of Fort Worth, work stopped in Basin#3 on February 16, 2016. All construction manpower worked two (2) days to clear the basin so it could be brought back online Thursday evening. Basin #4 concrete pours were re-scheduled to the following week. On March 14, 2016, work resumed in Basin #3. The temporary suspension of work directly impacted critical path construction activities. Per the Articles of the General Conditions, the Contractor requests a contract time extension of 20 calendar days and compensation for extended overhead and equipment rental. A cost proposal in the amount of$121,863.19 and an updated project schedule is attached for review and consideration. Currently, Basin#3 is capable of treating water utilizing the new equipment and is available for use should the COFW need to bring it back online to meet water demand. The upper seal to Basin #3 slide gate is leaking and needs repaired by HydroGate. We are currently waiting for a commitment from HydroGate to determine when a technician can be dispatched to the site. Archer Western requests immediate access to Basin#1 to complete the remaining contract work. Please advise. Sincerely, Archer Western Contractors, Ltd. Linda Laver Assistant Project Manager attachments 1411 Greenway Drive Irving, Texas 75038 (cell) 817-781-7273 email: (laver @walshgroup.com RFP-03 Date: April 4,2016 Project: Rolling Hills WTP Phase 6 Owner: City of Fort Worth Contractor. Archer Western Contractors,LTD Engr: CDM-Smith CHANGE DE CRIPTI N: Stop work Basin#3 February 16,2016 Resume work Basin#3 March 14,2016 Impact: Startup last basin complete 6130/16 vs.6110/16(January CPM update)20 calendar days All crews worked to evacuate Basin#3 on 2/17&2/18. Delayed work in Basin#4. Re-scheduled concrete pours 1 week. DESCRIPTION OTY U/M UNIT PRICE LABOR MATERIAL EQUIPMENT SUB TOTALS Labor: Administration 8 HR $ 65.00 $ 520.00 Su envision:Matthew,Chris,Linda,Mike 3 M $ 6,500.00 $ 19,500.00 Clean out Basin#3 2/17-2/18 352 MH $ 21.00 $ 7,392.00 Basin#4 Flooded 2/19 OT 90 MH 1$ 31.50 $ 2,835.00 Total MHs 453 Materials: Office Rental 0.75 MO $ 407.71 $ 305.78 Drinking Water 0.75 MO $ 46.70 $ 5,062.00 Intemet 0.75 MO $ 252.36 $ 189.27 Telephone 0.75 MO $ 391.05 $ 293.29 Electric 0.75 MO $ 331.20 $ 248.40 Dum ster 0.75 MO $ 132.19 $ 99.14 Temporary Toilets 0.75 MO $ 269.14 $ 201.86 Form Rental columns,caps&beam shoring) 1 MO $ 71707645 $ 7,707.45 Form Rental beam shoring) 1 MO $ 2,517.27 $ 2,517.27 Form Rental walls 1680 SF $ 1.50 $ 2,520.00 lEcluipment: Sk track GTH-1056 1 MO $ 3,906.84 $ 3,906.84 Scissor Lift 1 MO $ 2,000.00 $ 2,000.00 150T Crawler Crane 1 MO $ 15,000.00 $ 15,000.00 Welder 300 AMP 1 MO $ 765.00 $ 765.00 Compressor 185 CFM 1 MO $ 660.00 $ 660.00 Pick Up Truck 4 ea) 1 MO $ 2,800.00 $ 2,800.00 EOE 1 MO $ 9,910.40 $ 9,910.40 Subcontractor. 1 LS $ $ 1 TN $ $ $ LS $ SUBTOTALS: E$ 30,247.00 $ 19,144.46 $ 35,042.24 $ $ 84,433.70 SMALL TOOLS @$2/MH 6.00 $ 906.00 SAFETY SUPPLIES @$2/MH 6.00 $ 906.00 PAYROLL BURDEN @ 55%OF LABOR $ 16,635.85 $ 16,635.85 SUBTOTALS: $ 48,694.85 $ 19,144.46 $ 35,042.24 $ $ 102,881.55 15%OHP(LM&E) $ 15,432.23 6%OHP(Sub) $ 3%BOND&INSURANCE $ 3,549.41 TOTAL AMOUNT OF THIS PROPOSAL $ 121,863.19 Additional Time Request = 20 calendar days ----------------------------------- ----------------- ----------------- -----------------2------------------------------------ ----------------- 0 L) ----------------- ----------------- ----------------- ----------------- -------- O 0 ---------- ----- ----------------- ----------------- ------------E ---------- co 3 ------------ ---------- --------- r .8 M 0 N CL E t _g � I _ t R N------------ --------- E 4-iL-ME -t-a- 0- b�cr 0 m — LL LL --- -------- --------- -- --- -- -- ---------- ---------- --- 0 0 w cr A 00 r -----------I O —--------------- --- ------------------------ ------ 0 ------------ ---- ----------------:--------------- - ----------------- --------------- ---------------------------------------------------------------------------------------------- ---------- co < --------------- --------------- - ---------------------------------- ----------- &D W W < < < < < < < < < < < L :L A ;z ;z z z z z z 0 0 0 L! b 4 h 6 6 6 6 6 6 6 6 § $O 0 cq 0 N N O 04 N — N — — N N — CL co <I < < < < < < < < < < < < < < < < < < < < < < < < < < Lo u) CO u) u) 7L 7, 7L 's A Z Z Z Z Z Z Z Z O O O CN g g 8 8 ggqlll f0 O — 0 co 0 0 0 0 0 0 0 0 0 0 0 0 010 0 0 0 0 0 0 0 0 — CN I R, q C4 8 11 c N N v w v 0 0 0 v v 0 N N v m v v 0 — E co LLI E m E co 4) m Y mo L) 5 m 0 L' COL LU L" A a E a r LL 3: Lu 00: cc E E r — S g A 'S ra = .2 0 N -6 4, N -2 2� :R . 01 1 11 2 - 'z �5 m .6 z m L) — L) 41 Z V c E, 1 0 . 0 ol LL m cc E E E E U 5 3 E E Z LL .- .0 -0 -0 0 'o 'o A b 2 g 0 0 0 s L) L) o LL 2 E o- co 0 o- = Z LL E E 0- 0- 0- CL 0- 0- CL 0- E 0- CL CL cr x cr .6 0 m m b �] , Lu 0_ LL LL LL LL LL LL 0 LL LL LL cl) z 2 fn U. ❑ fn U. 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E § , / 2 'L a: 0ix � ) § � 2 ® N § § 22 7E mmmm } / LL ) \ CDIIA Smith 100 Throckmorton Street,Suite 600 Fort Worth,Texas 76109 tel:817-332-8727 VIA EMAIL February 16, 2016 Wayne Pursley Project Manager Archer Western 1411 Greenway Drive Irving,Texas 75038 Subject: City of Fort Worth Rolling Hills WTP-Phase 6-Flocculation Basins Improvements Project Basin No. 3 -Construction Sequence Variance Dear Mr.Pursley: Based on the most recent schedule update you provided,it is understood that Basin No. 3 is projected to be fully complete and on-line by March 11,2016. Although,the construction sequencing schedule states that two basins may be out of service through February 28th,due to increased water demands,the City of Fort Worth requires a production capacity of 150 MGD from the Rolling Hill WTP as soon as possible. Therefore,it is necessary that Basin No.3 be turned over to the City for operation in advance of construction completion,and from this point forward,only one basin may be off-line for construction. Based on the provided testing information,all newly placed cast-in-place concrete within Basin No. 3 exceeds 70%of the design compressive strength,which is considered acceptable for removal of the remaining forms and shoring supports that are currently in place. Consequently,it is requested that Archer Western remove all construction materials,equipment,formwork/shoring,etc and fully collect/remove all debris so that Basin No.3 can be placed into service in advance of the full completion of construction and testing. Note,until all of the newly placed concrete elements have reached 100%of design compressive strength,installation of the mixer pedestals,gear boxes,and motors shall not occur and application of other live loads (construction equipment,materials,etc) shall be avoided. It is understood that work remains which will require a dry basin for completion,such as the inlet weir ported openings,mist metals,piping,flocculators,slide gate,and misc concrete patching. Although construction work within Basin No.3 must be temporarily postponed,Archer Western can continue construction work atop Basin No.3 in the pedestrian areas. Provision of safety WATER+ENVIRONMENT+TRANSPORTATION+ENERGY+FACILITIES 1 CDM. Smith Mr.Wayne Pursley January 16, 2015 Page 2 measures while working in these areas,over an open hydraulic structure,will be the responsibility of Archer Western. Basin No. 4 work shall proceed as currently progressing. It is requested that Archer Western provide a complete schedule update to identify potential schedule impacts to the overall project and to advise of your proposed plan for completion of Basin No. 3 and Basin No. 1. Per our conversations,it is understood that Archer Western believes that Basin No. 3 can be turned over to the City by Thursday(2/18). Please proceed accordingly and call should you have any questions regarding this request. Sincerely, Chad Bartruff, PE Project Manager CDM Smith Inc. cc: Farida Goderya- FWWD Chris Harder- FWWD Charly Angadicheril -FWWD George Joseph-FWWD Mike Hill- FWWD Linda Laver-AW Chris Roon-AW Matt Dueling-AW Sagar Khole-CDM Smith Eric Bjorklund-CDM Smith File: 103999-05.02.10 103999-Basin-03 Const Seq Variance-20160216.docx