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Home My WebLink AboutResolution 5314 Authorizing Change Order 3 with COP Construction - Davis Lane Lift Station1 of 2 RESOLUTION 5314 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH COP CONSTRUCTION, BILLINGS, MONTANA WHEREAS, the City Commission did, on the 1st day of June 2020, authorize award of the bid for the Davis Lane Lift Station and Norton East Ranch Outfall Sewer Project to COP Construction, Billings, Montana; and WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such alterations or modifications of the specifications and/or plans of the contract be made by resolution; and WHEREAS, it has become necessary in the prosecution of the work to make alterations or modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alterations to the contract between the City of Bozeman, a municipal corporation, and COP Construction, as contained in Change Order No. 3, attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 13th day of July, 2021. ___________________________________ CYNTHIA L. ANDRUS Mayor DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 2 of 2 ATTEST: ________________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 EJCDC® C-941, Change Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 Change Order No. 03 Date of Issuance: Effective Date: 5/27/2021 Owner: City of Bozeman Owner's Contract No.: Contractor: COP Construction Contractor’s Project No.: Engineer: HDR Engineering Engineer's Project No.: 10156423 Project: Davis Lane Lift Station and Norton Ranch Sewer The Contract is modified as follows upon execution of this Change Order: Description: This CPR increases the contract time of the project by 20 calendar days, consistent with the letter to COP Construction dated 4/19/2021. This letter is included as an attachment to this CPR. Attachments: 4/2/2021 COP Schedule Letter, 4/19/2021 HDR Schedule Letter CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES Original Contract Price: Original Contract Times: 240 days Substantial Completion: 240 days $16,487,487.00 Ready for Final Payment: days or dates Increase from previously approved Change Orders No. 1 to No. 2: Increase from previously approved Change Orders No. 1 to No. 2: Substantial Completion: 7 days $148,672.47 Ready for Final Payment: NA days or dates Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: 247 days $16,636,159.47 Ready for Final Payment: 277 days or dates Increase of this Change Order: Increase of this Change Order: Substantial Completion: 20 days $0.00 Ready for Final Payment: 20 days days or dates Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: 267 days $16,636,159.47 Ready for Final Payment: 297 days or dates RECOMMENDED: ACCEPTED: ACCEPTED: By: By: By: Engineer (if required) Owner (Authorized Signature) Contractor (Authorized Signature) Title: Title: Title: Date: Date : Date: Project Manager 5/28/2021 DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 April 2, 2021 Coralynn Revis HDR 2150 Analysis Dr Ste A Bozeman, MT 59718 RE: Davis Lane Contract Time Extension- Change Proposal Request Davis Lane Lift Station & Norton East Ranch Outfall Sewer Project COP Project No. 20106 Dear Mrs. Revis, The below information is a request for additional contract time and costs due to the COVID-19 schedule delays on the Davis Lane Lift Station and East Ranch Outfall Sewer Project Schedule. During the bidding process it was stated at the pre bid meeting on March 25, 2020 that any delays related to the COVID-19 pandemic would be addressed at the time of the delay. Guidance from the City of Bozeman was given to proceed with bidding as if the project could progress without any interruption or delay in material procurement. Before construction began COP Construction LLC (COP) set up a meeting on June 12, 2020 to discuss schedule impacts relating to material delays to determine how the City of Bozeman would like to proceed. COP received very little guidance and sent follow up emails sent on June 15, 2020 and June 30, 2020. The response in an email from Bob Murray on July 14, 2020 then stated that the City of Bozeman wanted the contract to proceed and shut down after the pipe work was completed to be taken. A letter following up this email was then issued on December 18, 2020 stating, that the city is in a general disagreement with a contract extension due to COP’s continued work on critical path items in lieu of the use of an available winter shut down. On January 29, 2021 COP took a winter shutdown to try and preserve as much contract time as possible due to the delay of the micro tunnel which caused delays in other work which was originally scheduled to progress without a winter shutdown. However, the contract does not state a winter shutdown must be taken due to delays which are caused by events outside of the contractors control. Originally the micro tunnel was scheduled to begin on August 31, 2020 and be completed by November 6, 2020. Due to the COVID-19 pandemic the casing material delivery dates were pushed from 8 weeks to 16 weeks per the letter from Trinity Products and the email from Primoris Services Corporation. DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 The change in the casing delivery schedule put the starting time of the micro tunnel into a time of year that it could not be completed due to freezing conditions. If it were not for the delay of the casing pipe the micro tunnel could have been started and completed within the original contract times allowing float on this activity in case of delays relating to installation. In Article 4.05 C. it states that if the Contractor’s performance or progress is delayed, disrupted, or interfered with by the unanticipated causes not the fault of and beyond the control of Owner, Contractor and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in contract times. Also, under Article 4.05 C. 1. it lists epidemics as being a reason for contract time extensions due to uncontrollable delays. In delaying the micro tunnel and not being able to complete it concurrently it has made it so that COP is incurring additional costs due to the delay in work. The costs are $3,023.26/ day and they are outlined in the attached pricing sheet. If the work were able to run concurrently as planned management and equipment time would have not been increased due to multiple activities being able to be completed at once. Due to the additional time required to complete the project COP is requesting that all days above the 54 remaining contract days which are required for the micro tunnel, startup, and final tie-in work be reimbursed to COP. Attached is a schedule outlining anticipated delays. If the Covid-19 pandemic had not occurred, the project would have been able to progress as bid per the direction of the City of Bozeman during the bidding process. Sincerely, Eric Smith Project Manager DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 Original Schedule DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 2020 2021 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar 25 1 8 15 22 29 6 13 20 27 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 1 8 ID Description Original Duration Start Finish COP Pipe Crew 05 Dewatering 64 06/01/20 08/27/20 10 Set MH 24, Start MH23 3 06/15/20 06/17/20 20 Set MH 23, Sewer main to 87+08 3 06/18/20 06/22/20 30 Set MH 22, Sewer main to 83+33 3 06/23/20 06/25/20 40 Set MH21, Sewer main to 79+58 3 06/26/20 06/30/20 50 Sewer main to 75+08 3 07/01/20 07/03/20 60 Set MH20, Sewer main to 71+33 3 07/06/20 07/08/20 70 Set MH19, Sewer main to 67+58 3 07/09/20 07/13/20 80 Sewer main to 63+08 3 07/14/20 07/16/20 90 Set MH18, Sewer main to 59+33 3 07/17/20 07/21/20 100 Set MH17, Sewer main to 55+58 3 07/22/20 07/24/20 110 Sewer main to 51+08 3 07/27/20 07/29/20 120 Set MH16, Sewer main to 47+33 3 07/30/20 08/03/20 130 Set MH15, Sewer main to 43+58 3 08/04/20 08/06/20 140 Set MH14 & MH13, Sewer main to 40+58 3 08/07/20 08/11/20 150 Sewer main to 36+08 3 08/12/20 08/14/20 160 Set MH12, Sewer main to 32+33 3 08/17/20 08/19/20 170 Sewer main up to MH11, Start MH11 3 08/20/20 08/24/20 180 Set MH11, Sewer main to 24+08 3 08/25/20 08/27/20 190 Set MH10 & MH9 3 08/28/20 09/01/20 200 Set MH8, Start MH7 3 09/02/20 09/04/20 210 Set MH7 & MH6, Sewer main to 15+81 3 09/07/20 09/09/20 220 Set MH5, Sewer main to 12+06 3 09/10/20 09/14/20 230 Set MH4, Sewer main up to 8+31 3 09/15/20 09/17/20 240 Set MH3, Sewer main up to 4+56 3 09/18/20 09/22/20 250 Set MH2, Sewer main up to 0+81 3 09/23/20 09/25/20 260 Set MH1A & MH1, Clean up 3 09/28/20 09/30/20 280 Set MH34 & MH33, Sewer to 127+83 3 07/20/20 07/22/20 290 Sewer up to MH32, Start MH32 3 07/23/20 07/27/20 300 Set MH32, Start MH31 3 07/28/20 07/30/20 310 Set MH31, Sewer to 115+83 3 07/31/20 08/04/20 320 Set MH30, Sewer to 112+08 3 08/05/20 08/07/20 330 Set MH29 & MH28, Sewer to 109+07 3 08/10/20 08/12/20 340 Sewer to 104+57 3 08/13/20 08/17/20 350 Set MH27 & MH26, Sewer to 101+57 3 08/18/20 08/20/20 360 Set MH25, Sewer to 97+82 3 08/21/20 08/25/20 370 Sewer up to MH24, Tie on to MH24 3 08/26/20 08/28/20 380 Water Main from 130+50 to 123+00 3 08/31/20 09/02/20 390 Water Main from 123+00 to 115+50 3 09/03/20 09/07/20 400 Water Main to existing GV, Install 1` Hydrant 3 09/08/20 09/10/20 Project StartProject FinishDewatering Set MH 24, Start MH23 Set MH 23, Sewer main to 87+08 Set MH 22, Sewer main to 83+33 Set MH21, Sewer main to 79+58 Sewer main to 75+08 Set MH20, Sewer main to 71+33 Set MH19, Sewer main to 67+58 Sewer main to 63+08 Set MH18, Sewer main to 59+33 Set MH17, Sewer main to 55+58 Sewer main to 51+08 Set MH16, Sewer main to 47+33 Set MH15, Sewer main to 43+58 Set MH14 & MH13, Sewer main to 40+58 Sewer main to 36+08 Set MH12, Sewer main to 32+33 Sewer main up to MH11, Start MH11 Set MH11, Sewer main to 24+08 Set MH10 & MH9 Set MH8, Start MH7 Set MH7 & MH6, Sewer main to 15+81 Set MH5, Sewer main to 12+06 Set MH4, Sewer main up to 8+31 Set MH3, Sewer main up to 4+56 Set MH2, Sewer main up to 0+81 Set MH1A & MH1, Clean up Set MH34 & MH33, Sewer to 127+83 Sewer up to MH32, Start MH32 Set MH32, Start MH31 Set MH31, Sewer to 115+83 Set MH30, Sewer to 112+08 Set MH29 & MH28, Sewer to 109+07 Sewer to 104+57 Set MH27 & MH26, Sewer to 101+57 Set MH25, Sewer to 97+82 Sewer up to MH24, Tie on to MH24 Water Main from 130+50 to 123+00 Water Main from 123+00 to 115+50 Water Main to existing GV, Install 1` Hydrant Page 1A DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 2020 2021 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar 25 1 8 15 22 29 6 13 20 27 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 1 8 ID Description Original Duration Start Finish 410 Install 3 Hydrants 1 09/11/20 09/11/20 420 74 lf of 36" PVC SD 1 09/14/20 09/14/20 430 72" SDMH & 27x44" Arch 1 09/15/20 09/15/20 440 18" RCP Culvert 1 09/16/20 09/16/20 441 Force Mains to 4+50 3 09/17/20 09/21/20 442 Force Mains to 9+00 3 09/22/20 09/24/20 443 Force Mains to 13+50 3 09/25/20 09/29/20 444 Force Mains to 18+00 3 09/30/20 10/02/20 445 Force Mains to 22+50 3 10/05/20 10/07/20 446 Force Mains to 27+00 3 10/08/20 10/12/20 447 Force Mains to 31+50 3 10/13/20 10/15/20 448 Force Mains to end & set MH36 4 10/16/20 10/21/20 Prep Crew 450 Paving Prep Catamount to Cattail 15 07/14/20 08/03/20 460 Paving Prep Cattail to School 10 08/07/20 08/20/20 465 Paving Prep Microtunnel to Catamount 15 08/21/20 09/10/20 470 Paving Prep Arabian Ave 10 09/15/20 09/28/20 480 Prep Paving for Baxter 4 10/01/20 10/06/20 No value assigned 1000 Excavate Site to Workbench Elevations 10 06/01/20 06/12/20 1010 Jet Dewatering Wells 5 06/15/20 06/19/20 1020 Set Up Temp Power 1 06/01/20 06/01/20 1030 Drill/Set King Pile 10 06/22/20 07/03/20 1040 Drill and Set Sheet Pile 10 07/06/20 07/17/20 1050 Excavate Wet Well Subgrade 10 07/20/20 07/31/20 1060 Subgrade Prep 2 08/03/20 08/04/20 1070 Form Wet Well Footer/Tie Rebar/Place Waterstop 5 08/05/20 08/11/20 1080 Pour Wet Well Footer 1 08/12/20 08/12/20 1090 Form Wet Well Wall/Tie Rebar/Electrician 15 08/18/20 09/07/20 1100 Pour Wet Well Walls 1 09/11/20 09/11/20 1110 Strip Wet Well Walls/Patch Exterior Walls 5 09/14/20 09/18/20 1120 Pull Sheet Piles & Backfill 10 10/09/20 10/22/20 1130 Form Fillet Walls/Tie Rebar Lift Station 10 09/21/20 10/02/20 1140 Pour Wet Well Fillets 1 10/05/20 10/05/20 1150 Strip Wet Well Fillets/Point & Patch 5 10/15/20 10/21/20 1160 Chaulk Joints 2 10/22/20 10/23/20 1170 Leak Test 3 10/26/20 10/28/20 1180 Form Wet Well Deck/Tie Rebar/Set Hatches/Electrician10 10/29/20 11/11/20 1190 Pour Wet Well Deck 1 11/12/20 11/12/20 1200 Strip Wet Well Deck 2 12/14/20 12/15/20 1210 Final Clean Up 1 12/16/20 12/16/20 Project StartProject FinishInstall 3 Hydrants 74 lf of 36" PVC SD 72" SDMH & 27x44" Arch 18" RCP Culvert Force Mains to 4+50 Force Mains to 9+00 Force Mains to 13+50 Force Mains to 18+00 Force Mains to 22+50 Force Mains to 27+00 Force Mains to 31+50 Force Mains to end & set MH36 Paving Prep Catamount to Cattail Paving Prep Cattail to School Paving Prep Microtunnel to Catamount Paving Prep Arabian Ave Prep Paving for Baxter Excavate Site to Workbench Elevations Jet Dewatering Wells Set Up Temp Power Drill/Set King Pile Drill and Set Sheet Pile Excavate Wet Well Subgrade Subgrade Prep Form Wet Well Footer/Tie Rebar/Place Waterstop Pour Wet Well Footer Form Wet Well Wall/Tie Rebar/Electrician Pour Wet Well Walls Strip Wet Well Walls/Patch Exterior Walls Pull Sheet Piles & Backfill Form Fillet Walls/Tie Rebar Lift Station Pour Wet Well Fillets Strip Wet Well Fillets/Point & Patch Chaulk Joints Leak Test Form Wet Well Deck/Tie Rebar/Set Hatches/Electrician Pour Wet Well Deck Strip Wet Well Deck Final Clean Up Page 2A DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 2020 2021 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar 25 1 8 15 22 29 6 13 20 27 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 1 8 ID Description Original Duration Start Finish 1220 Epoxy Wet Well 2 12/17/20 12/18/20 1230 Wet Well Process Piping 10 12/21/20 01/01/21 1240 Underground Piping/Set Pour 10 08/03/20 08/14/20 1250 Backfill to Footer Subgrade 2 08/17/20 08/18/20 1260 Form Footer/Tie Rebar 3 08/19/20 08/21/20 1270 Pour Lift Station & Footers 1 08/24/20 08/24/20 1280 Form/Rebar Stem Walls & Electrician 3 08/25/20 08/27/20 1290 Pour Stem Walls 1 08/28/20 08/28/20 1300 Rough In MEP 3 08/31/20 09/02/20 1310 Subgrade Lift Station Pad 2 09/14/20 09/15/20 1320 Form Slab/Tie Rebar/Set Drains/Pipe Sleeves 4 09/16/20 09/21/20 1330 Pour Lift Station Slab & Generator Pad 1 09/22/20 09/22/20 1340 Mason Lift Station Wall 15 09/23/20 10/13/20 1350 Interior Process Piping 10 09/23/20 10/06/20 1360 Roofer/Lift Station 10 10/14/20 10/27/20 1370 Paint Exterior Masonry, Process Piping, Roof Joists, & Interior510/28/20 11/03/20 1380 Electrician for Main Installation 10 11/04/20 11/17/20 1390 Painter 5 11/18/20 11/24/20 1400 Startup 10 01/04/21 01/15/21 1405 Final Clean Up 7 01/18/21 01/26/21 1410 Rough Carpentry/Doors/Windows/Overhead Doors10 10/14/20 10/27/20 1420 Site Work - Bollards & Landscaping 10 10/14/20 10/27/20 1430 Microtunnel Materials Arrive 5 08/25/20 08/31/20 1440 Microtunnel 50 08/31/20 11/06/20 2000 End of Contract Time 0 01/26/21A 2005 COP Install Utilities in Micro Tunnel 10 11/09/20 11/20/20 2015 Finish Water and Sewer Tie Ins 5 11/23/20 11/27/20 Project StartProject FinishEpoxy Wet Well Wet Well Process Piping Underground Piping/Set Pour Backfill to Footer Subgrade Form Footer/Tie Rebar Pour Lift Station & Footers Form/Rebar Stem Walls & Electrician Pour Stem Walls Rough In MEP Subgrade Lift Station Pad Form Slab/Tie Rebar/Set Drains/Pipe Sleeves Pour Lift Station Slab & Generator Pad Mason Lift Station Wall Interior Process Piping Roofer/Lift Station Paint Exterior Masonry, Process Piping, Roof Joists, & Interior Electrician for Main Installation Painter Startup Final Clean Up Rough Carpentry/Doors/Windows/Overhead Doors Site Work - Bollards & Landscaping Microtunnel Materials Arrive Microtunnel End of Contract Time COP Install Utilities in Micro Tunnel Finish Water and Sewer Tie Ins Page 3A DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 Updated Schedule With Delays DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep20202021ID DescriptionOriginalDurationStart FinishCOP Pipe Crew05 Dewatering6407/20/20A12/04/20A10 Set MH 24, Start MH23 308/18/20A08/21/20A20 Set MH 23, Sewer main to 87+08 308/21/20A08/25/20A30 Set MH 22, Sewer main to 83+33 308/26/20A08/31/20A40 Set MH21, Sewer main to 79+58 309/01/20A09/08/20A50 Sewer main to 75+08 309/08/20A09/11/20A60 Set MH20, Sewer main to 71+33 309/14/20A09/21/20A70 Set MH19, Sewer main to 67+58 309/22/20A09/25/20A80 Sewer main to 63+08 309/28/20A10/02/20A90 Set MH18, Sewer main to 59+33 310/05/20A10/09/20A100 Set MH17, Sewer main to 55+58 310/12/20A10/14/20A110 Sewer main to 51+08 310/15/20A10/19/20A120 Set MH16, Sewer main to 47+33 310/20/20A10/21/20A130 Set MH15, Sewer main to 43+58 310/22/20A10/22/20A140Set MH14 & MH13, Sewer main to 40+58310/23/20A10/23/20A150 Sewer main to 36+08 4210/26/20A10/27/20A160 Set MH12, Sewer main to 32+33 310/28/20A10/30/20A170 Sewer main up to MH11, Start MH11 311/02/20A11/04/20A180 Set MH11, Sewer main to 24+08 311/05/20A11/09/20A190 Set MH10 & MH9 311/10/20A11/12/20A200 Set MH8, Start MH7 311/13/20A11/17/20A210 Set MH7 & MH6, Sewer main to 15+81 311/18/20A11/20/20A220 Set MH5, Sewer main to 12+06 311/23/20A12/01/20A230 Set MH4, Sewer main up to 8+31 311/05/20A11/09/20A240 Set MH3, Sewer main up to 4+56 311/10/20A11/12/20A250 Set MH2, Sewer main up to 0+81 311/13/20A11/25/20A260 Set MH1A & MH1, Clean up 311/30/20A12/18/20A280 Set MH34 & MH33, Sewer to 127+83 308/06/20A08/10/20A290 Sewer up to MH32, Start MH32 308/10/20A08/12/20A300 Set MH32, Start MH31 308/12/20A08/15/20A310 Set MH31, Sewer to 115+83 308/17/20A08/19/20A320 Set MH30, Sewer to 112+08 308/19/20A08/25/20A330 Set MH29 & MH28, Sewer to 109+07 308/26/20A08/28/20A340 Sewer to 104+57 308/31/20A09/01/20A350 Set MH27 & MH26, Sewer to 101+57 309/01/20A09/03/20A360 Set MH25, Sewer to 97+82 309/03/20A09/09/20A370 Sewer up to MH24, Tie on to MH24 309/09/20A09/10/20A380 Water Main from 130+50 to 123+00 309/10/20A09/14/20A390 Water Main from 123+00 to 115+50 309/15/20A09/16/20A400Water Main to existing GV, Install 1` Hydrant309/17/20A09/21/20AProject StartProject FinishDewateringSet MH 24, Start MH23Set MH 23, Sewer main to 87+08Set MH 22, Sewer main to 83+33Set MH21, Sewer main to 79+58Sewer main to 75+08Set MH20, Sewer main to 71+33Set MH19, Sewer main to 67+58Sewer main to 63+08Set MH18, Sewer main to 59+33Set MH17, Sewer main to 55+58Sewer main to 51+08Set MH16, Sewer main to 47+33Set MH15, Sewer main to 43+58Set MH14 & MH13, Sewer main to 40+58Sewer main to 36+08Set MH12, Sewer main to 32+33Sewer main up to MH11, Start MH11Set MH11, Sewer main to 24+08Set MH10 & MH9Set MH8, Start MH7Set MH7 & MH6, Sewer main to 15+81Set MH5, Sewer main to 12+06Set MH4, Sewer main up to 8+31Set MH3, Sewer main up to 4+56Set MH2, Sewer main up to 0+81Set MH1A & MH1, Clean upSet MH34 & MH33, Sewer to 127+83Sewer up to MH32, Start MH32Set MH32, Start MH31Set MH31, Sewer to 115+83Set MH30, Sewer to 112+08Set MH29 & MH28, Sewer to 109+07Sewer to 104+57Set MH27 & MH26, Sewer to 101+57Set MH25, Sewer to 97+82Sewer up to MH24, Tie on to MH24Water Main from 130+50 to 123+00Water Main from 123+00 to 115+50Water Main to existing GV, Install 1` HydrantPage 1ADocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep20202021ID DescriptionOriginalDurationStart Finish410 Install 3 Hydrants 109/22/20A09/23/20A415Rebuild Davis Valley Center to Trout Meadows 1509/24/20A10/02/20A417 Dewater Arabian - Baxter 1010/12/20A11/04/20A420 74 lf of 36" PVC SD 110/12/20A10/12/20A430 72" SDMH & 27x44" Arch 110/13/20A10/15/20A440 18" RCP Culvert 112/15/20A12/15/20A441 Force Mains to 4+50 1511/16/20A11/17/20A442 Force Mains to 9+00 311/18/20A11/19/20A443 Force Mains to 13+50 311/20/20A11/24/20A444 Force Mains to 18+00 311/30/20A12/02/20A445 Force Mains to 22+50 312/03/20A12/04/20A446 Force Mains to 27+00 312/07/20A12/09/20A447 Force Mains to 31+50 312/10/20A12/14/20A448 Force Mains to end & set MH36 412/15/20A12/17/20A449 Test Force Mains 301/04/21A01/13/21APrep Crew450 Paving Prep Trout Medows to Cattail 1509/14/20A10/02/20A470 Paving Prep Arabian Ave 1011/30/20A12/03/20A475 Restore Vegetated Areas 20 04/05/21 04/30/21480 Prep and Pave Project 20 04/12/21 05/07/21490 Build Trail in School Property 1011/23/20A12/18/20ANo value assigned1000 Excavate Site to Workbench Elevations 1007/20/20A07/24/20A1010 Jet Dewatering Wells 507/28/20A07/30/20A1020 Set Up Temp Power 109/10/20A09/10/20A1030 Drive Sheets 1008/01/20A08/17/20A1050 Excavate Wet Well Subgrade 1008/18/20A09/04/20A1060 Subgrade Prep409/08/20A09/11/20A1070Form Wet Well Footer/Tie Rebar/Place Waterstop509/14/20A09/18/20A1080 Pour Wet Well Footer 109/21/20A09/21/20A1090Form Wet Well Wall/Tie Rebar/Electrician1809/28/20A10/07/20A1100 Pour Wet Well Walls 110/08/20A10/08/20A1110Strip Wet Well Walls/Patch Exterior Walls510/19/20A10/23/20A1120Pull Sheet Piles & Backfill Rough in Lift station Grade 1001/04/21A01/15/21A1130 Form Fillet Walls/Tie Rebar Lift Station 1010/28/20A12/07/20A1140 Pour Wet Well Fillets 112/08/20A12/09/20A1150 Strip Wet Well Fillets/Point & Patch 512/09/20A12/11/20A1160 Chaulk Joints212/14/20A12/15/20A1170 Leak Test612/18/20A12/25/20A1180Form Wet Well Deck/Tie Rebar/Set Hatches/Electrician1001/18/21A01/26/21A1190 Pour Wet Well Deck 101/27/21A01/27/21AProject StartProject FinishInstall 3 HydrantsRebuild Davis Valley Center to Trout Meadows Dewater Arabian - Baxter 74 lf of 36" PVC SD72" SDMH & 27x44" Arch18" RCP CulvertForce Mains to 4+50Force Mains to 9+00Force Mains to 13+50Force Mains to 18+00Force Mains to 22+50Force Mains to 27+00Force Mains to 31+50Force Mains to end & set MH36Test Force Mains Paving Prep Trout Medows to CattailPaving Prep Arabian AveRestore Vegetated Areas Prep and Pave Project Build Trail in School Property Excavate Site to Workbench ElevationsJet Dewatering WellsSet Up Temp PowerDrive Sheets Excavate Wet Well SubgradeSubgrade PrepForm Wet Well Footer/Tie Rebar/Place WaterstopPour Wet Well FooterForm Wet Well Wall/Tie Rebar/ElectricianPour Wet Well WallsStrip Wet Well Walls/Patch Exterior WallsPull Sheet Piles & Backfill Rough in Lift station Grade Form Fillet Walls/Tie Rebar Lift StationPour Wet Well FilletsStrip Wet Well Fillets/Point & PatchChaulk JointsLeak TestForm Wet Well Deck/Tie Rebar/Set Hatches/ElectricianPour Wet Well DeckPage 2ADocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep20202021ID DescriptionOriginalDurationStart Finish1200 Strip Wet Well Deck 504/05/21A04/09/211210 Final Clean Up504/12/21A04/16/21A1220 Epoxy Wet Well 10 04/05/21 04/16/211230 Wet Well Process Piping 5 04/19/21 04/23/211235Final Gradding/ Restoration around Lift Station 5 04/26/21 04/30/211237 Start Up of Functioning Equipment 2 05/03/21 05/04/211240 Underground Piping/Set Pour 1008/24/20A09/01/20A1250 Backfill to Footer Subgrade 209/02/20A09/02/20A1260 Form Footer/Tie Rebar 309/03/20A09/04/20A1270 Pour Lift Station & Footers 109/08/20A09/08/20A1280 Form/Rebar Stem Walls & Electrician 309/09/20A09/10/20A1290 Pour Stem Walls 109/11/20A09/11/20A1300 Rough In MEP309/21/20A10/09/20A1310 Subgrade Lift Station Pad 110/12/20A10/13/20A1320Form Slab/Tie Rebar/Set Drains/Pipe Sleeves410/14/20A10/14/20A1330 Pour Lift Station Slab & Generator Pad 110/15/20A10/15/20A1340 Mason Lift Station Wall 1010/26/20A11/23/20A1350 Interior Process Piping 1011/09/20A11/20/20A1360 Roofer/Lift Station 1011/23/20A01/08/21A1380 Electrician for Main Installation 35 04/05/21 05/21/211400 Startup3 07/05/21 07/07/211410Rough Carpentry/Doors/Windows/Overhead Doors3501/04/21A01/29/21A1420 Site Work - Bollards & Landscaping 10 04/05/21 04/16/211430 Microtunnel Materials Arrive 1001/11/21A01/22/21A1440 Microtunnel50 04/05/21 06/11/212000 End of Contract Time 005/24/21A2002 Begining winter Shutdown 001/29/21A2003 End Winter Shutdown 004/01/21A2005 COP Install Utilities in Micro Tunnel 10 06/14/21 06/25/212015 Finish Water and Sewer Tie Ins 5 06/28/21 07/02/21Project StartProject FinishStrip Wet Well DeckFinal Clean UpEpoxy Wet WellWet Well Process PipingFinal Gradding/ Restoration around Lift Station Start Up of Functioning Equipment Underground Piping/Set PourBackfill to Footer SubgradeForm Footer/Tie RebarPour Lift Station & FootersForm/Rebar Stem Walls & ElectricianPour Stem WallsRough In MEPSubgrade Lift Station PadForm Slab/Tie Rebar/Set Drains/Pipe SleevesPour Lift Station Slab & Generator PadMason Lift Station WallInterior Process PipingRoofer/Lift StationElectrician for Main InstallationStartupRough Carpentry/Doors/Windows/Overhead DoorsSite Work - Bollards & LandscapingMicrotunnel Materials ArriveMicrotunnelEnd of Contract TimeBegining winter ShutdownEnd Winter ShutdownCOP Install Utilities in Micro Tunnel Finish Water and Sewer Tie Ins Page 3ADocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 1 Eric Smith From:Revis, Coralynn <Coralynn.Revis@hdrinc.com> Sent:Tuesday, July 14, 2020 2:30 PM To:Eric Smith Subject:FW: Covid-19 Delays WARNING: PLEASE USE CAUTION. THIS EMAIL ORIGINATED FROM OUTSIDE THE COP CONSTRUCTION ORGANIZATION. Coralynn Revis, PE D 406.532.2219 hdrinc.com/follow-us From: Bob Murray [mailto:BMurray@BOZEMAN.NET] Sent: Tuesday, July 14, 2020 1:49 PM To: Revis, Coralynn <Coralynn.Revis@hdrinc.com> Cc: Tim Pirtz <tpirtz@sandersonstewart.com> Subject: RE: Covid-19 Delays CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Although it is not an overwhelming case that’s been made, I could see a recommendation to the commission that this meets the criteria in section 4.05.C.1, but there is still a big disconnect in my opinion that needs justification. After all, they say it is no cost, but by approving this change, we will be committing to some level of inspection for an additional 4 months. In reviewing the schedules they provided, the original had a duration of 176 days for the wet well and lift station (from excavate to workbench – Painter), but the revised one has gone up to 259 days. A difference of 83 days, or the majority of the request. Since all of the lift station of that work is after the 1st of the year, the delays pointed to by the electrician don’t explain the change. They have made an all or nothing request – either give them an extension and let them work through the winter basically at their own pace, or wait to start until next year. I still feel that there is a middle ground that is very workable and what I thought they were requesting right from the beginning. Finish all of the pipe work as shown on their schedule, get the wet well done through their item 1190 and then shut down for the rest of the winter. The rest of the lift station work can then be done concurrently with the mirotunnel in the spring. We may need to give a short extension, but it would be significantly less than the 50% increase they are asking for now. From: Revis, Coralynn <Coralynn.Revis@hdrinc.com> Sent: Friday, July 10, 2020 10:29 AM To: Bob Murray <BMurray@BOZEMAN.NET> Cc: Tim Pirtz <tpirtz@sandersonstewart.com> Subject: FW: Covid-19 Delays Bob, Please find the attached formal request from COP for the increase in project time. Thank you, Cora DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 2 Coralynn Revis, PE D 406.532.2219 hdrinc.com/follow-us From: Eric Smith [mailto:esmith@copconstruction.com] Sent: Friday, July 10, 2020 9:31 AM To: Revis, Coralynn <Coralynn.Revis@hdrinc.com> Cc: Sam Bower <sbower@copconstruction.com> Subject: Covid-19 Delays CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Cora, Please find attached the letter and correspondence requesting additional contract time due to Covid-19 delays. Please let me know if you have any questions. Thanks, Eric Smith Project Manager COP Construction LLC 242 S. 64th St. West Billings, MT 59106 P: 406.656.4632 | C: 406.850.8274 esmith@copconstruction.com www.copconstruction.com Commitment - Opportunity – People CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 1 Eric Smith From:Revis, Coralynn <Coralynn.Revis@hdrinc.com> Sent:Wednesday, July 8, 2020 12:20 PM To:Eric Smith Subject:RE: Davis Schedule Attachments:schedule sections.pdf WARNING: PLEASE USE CAUTION. THIS EMAIL ORIGINATED FROM OUTSIDE THE COP CONSTRUCTION ORGANIZATION. Eric, Thank you for the information. I need a little more on the specifics per the contract and suggest a formal letter to the City with all of the documentation. We need two versions of the schedule, one that shows your original plan and completing the critical path within the time allotted and then the critical path being impacted and updated per your email and documentation. I’ve attached the relevant section of the specs for your reference as you gather the materials. In summary, a formal request stating: · What was assumed during the bid, and what formal correspondence or communications can you provide that substantiates their original assumption? · What has changed that impacts the original baseline schedule that showed completion of the contract within the times in the Agreement? What do those changes do to the Critical Path, and is a Contract Change supported. · Were the changes claimed out of the control of the Contractor? This will need to be substantiated through something formal from their suppliers and/or subcontractor I am guessing for the City to be able to accept. · The Contractor should in their written narrative clearly state whether any costs are associated with the Change, or whether the change in Contract Time can be addressed without a Change in Contract Price. There need to be bookends on their formal request. All needs to be very formal, and written in a letter request from the Contractor, as the City will need that for acceptance or denial. Thank you, Cora Coralynn Revis, PE D 406.532.2219 hdrinc.com/follow-us From: Eric Smith [mailto:esmith@copconstruction.com] Sent: Tuesday, July 7, 2020 2:42 PM To: Revis, Coralynn <Coralynn.Revis@hdrinc.com> Subject: Davis Schedule CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Cora, I have updated COP’s project schedule for the Davis Lift Station Project. With the concerns that I have expressed relating to delays due to Covid-19 the completion time for the project is going to be hard to do within the original contract time. During the bidding of the project it was anticipated that the micro tunnel work could run concurrently DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 2 with the project. With the project bidding on 4/15/20 the effects of the Covid-19 shutdowns were unknown on how it would affect all material deliveries. The micro tunnel sub-contractor which was used in both bids submitted for the project stated to COP during bid time that casing pipe had a lead time of 8 weeks. As of 7/7/20 the pipe has now pushed another 8 weeks to make a total lead time of 16 weeks following approved submittals. The lead time of the pipe has pushed the micro tunnel into a time of the year which they cannot complete the project due to below freezing temperatures. Also, please see the below email from Primoris stating problems due to restricted international travel and crews not being able to travel to complete the project until further notice. With delaying the start of the project this year to allow for time to be made up it will impact the original project schedule as all surface restoration will not be able to be completed and additional costs would be incurred if temporary surfacing was required. COP is not proposing adding any additional costs to the project due to the delays however adding contract time. COP and all the subcontractors involved have devoted a large portion of their schedules to this project this year as the contract sets specific start dates to imply construction is to begin 30 days following award. We are diligently trying to get updates on delivery times of materials and submittals. However with companies throughout the United States having different restrictions the submittal process has been slowed. One remaining major concern is all electrical and control equipment. Vertex Electric is meeting with their suppliers today to review delivery times of submittal and materials. I will forward all correspondence relating to changes in lead times from subs as I receive it. Please let me know if you have any further questions as COP would like to try and keep the schedule of starting 7/20/20. Eric, When we received our quote from the Steel Casing supplier on April 07,2020. The lead time for the material was 8 weeks. By the time we received the contracts and issued a Letter of Intent to our supplier it was June 22, 2020. Because of impacts at both the Steel Pipe Fabrication Shop and Pipe Coating Shops because of COVID 19 the lead time has jumped to 16 weeks. We are also having issues with International Travel Restrictions. Our equipment for this project is manufactured in Germany. All the tunneling equipment to be used on this project is currently in use across various locations in the Continental United States. The cutter head for this project will be fabricated in German and shipped to our Equipment Yard in Corona, Ca. The typical process is for our mechanics and operators to tear down and replace components of the MTBM that need repair or replacements. The cutter head is then mounted on the MTBM and the entire system is tested and run for several days. The issue we are facing is we typically have a technician from the factory in German come with a new cutter head to make sure the cutter wheel and equipment are all in balance and runs correctly. With the international travel restrictions we no longer have that ability. This problem is not unique to this project. Not only can’t we have the factory folks come over from Germany our USA based MTS Consultant is currently stuck in Germany. We have been working with the Department of Commerce and the German Consulate in Los Angeles to get some of the folks back to the States. I currently have a lead engineer and three tunnel operators banned from travel. · Andreas Thiele MTS Perforator USA Consultant ( MTS Perforator MTBM Manufacturer) is a Germany National was in Germany for sons birthday and is now currently prohibited from travel to the US · Steffen Dammsch Microtunnel Machine Operator is a Germany National in Germany and is now currently prohibited from travel to the US · Alexey Belogurov Microtunnel Machine Operator is a Germany National in Germany and is now currently prohibited from travel to the US · Polakov Gennadi Microtunnel Machine Operator is a Germany National in Germany and is now currently prohibited from travel to the US We have US based operators and mechanics all working to fill the gaps on all of our various ongoing projects and upcoming projects. However, the Covid 19 Travel Restrictions from Europe DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 3 is impacting our operations and project schedule. I will keep you in the loop on any updated as we navigate our way through the process with the Department of Commerce and the German Consulate. Steve Barry Primoris Services Corporation 2130 La Mirada Drive Vista, CA 92081 858-550-1460 – Office 858-550-1470 – Fax 949-316-5929 – Cell Sbarry@prim.com - Email www.prim.com "No business objective is so important that it will be pursued at the sacrifice of safety." Thanks, Eric Smith Project Manager COP Construction LLC 242 S. 64th St. West Billings, MT 59106 P: 406.656.4632 | C: 406.850.8274 esmith@copconstruction.com www.copconstruction.com Commitment - Opportunity – People CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 1 Eric Smith From:Eric Smith Sent:Wednesday, July 1, 2020 10:06 AM To:Revis, Coralynn Cc:Sam Bower Subject:Davis Schedule Cora, Per our conversation COP is requesting an extension of contract time due to material delivery delays and how it affects our subcontractors schedules on the project. Many delays such as the micro tunnel casing delivery being 12 weeks out after an approved submittal would push the start so late in the year that the sub is not able to tunnel due to winter conditions. The micro tunnel anticipated start would then be pushed until early April with approximately 10 weeks scheduled for the micro tunnel to be completed. Then the remainder of utility work in the tunnel for COP would push the schedule past the original contract time. Also, the controls and the generator are showing a 6 month lead time after approved submittals. With the large delivery delays it has made it so that we can not run many activities concurrently in our schedule therefore the project schedule would run over the original contract time. COP would like to start the project 7/20/20 to allow for the majority of the utility work to be installed before the end of the 2020 construction season. With using this approach it will allow for restoration to be completed this year on the majority of the project along with moving the project completion date up from the end of next year or early 2022 to the middle of summer 2021. With COP beginning this year a winter shutdown would not be very significant once winter sets in the focus would be inside the lift station building and getting all finish work completed and electrical work done to allow for the crafts to minimize delays due to unforeseen conditions later in the project. The majority of the delays relate to the Covid-19 and that they have pushed many suppliers delivery dates out much longer than anticipated during bidding. COP is not asking for any additional payment due to the extension. However would like to come to an agreement on how we can complete the project at the earliest date possible without having the project suffer liquidated damages. Please let me know if you have any questions. Thanks, Eric Smith Project Manager COP Construction LLC 242 S. 64th St. West Billings, MT 59106 P: 406.656.4632 | C: 406.850.8274 esmith@copconstruction.com www.copconstruction.com Commitment - Opportunity – People CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 1 Eric Smith From:Eric Smith Sent:Tuesday, June 30, 2020 11:43 AM To:Revis, Coralynn; Sam Bower Cc:Grover, Ted Subject:RE: Pre-Con Cora, We could do a meeting late next week. However before we issue a notice to proceed I want to make sure we are able to have critical submittals approved and materials ordered. Please let me know what your thoughts are on the meeting. If we can get everything moved along we would like to start construction 7/20/20. Thanks, Eric Smith Project Manager COP Construction LLC 242 S. 64th St. West Billings, MT 59106 P: 406.656.4632 | C: 406.850.8274 esmith@copconstruction.com www.copconstruction.com Commitment - Opportunity – People CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Revis, Coralynn <Coralynn.Revis@hdrinc.com> Sent: Tuesday, June 30, 2020 11:10 AM To: Eric Smith <esmith@copconstruction.com>; Sam Bower <sbower@copconstruction.com> Cc: Grover, Ted <Theodore.Grover@hdrinc.com> Subject: Pre-Con WARNING: PLEASE USE CAUTION. THIS EMAIL ORIGINATED FROM OUTSIDE THE COP CONSTRUCTION ORGANIZATION. Eric/Sam, I got direction from the City that we can go ahead and schedule the PreConstruction Conference now. They will require that it’s hosted online via Webex given the number of folks attending. Do you have a preference on dates/times? Thank you, Cora DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 1 Eric Smith From:Eric Smith Sent:Tuesday, June 30, 2020 11:42 AM To:Revis, Coralynn Cc:Grover, Ted; Sam Bower Subject:RE: Davis Schedule Cora, We would plan on working on the project throughout the winter with a minimal shutdown. This would make it so that we would need an extension of contract time for the micro tunnel and tie in work though. Thanks, Eric Smith Project Manager COP Construction LLC 242 S. 64th St. West Billings, MT 59106 P: 406.656.4632 | C: 406.850.8274 esmith@copconstruction.com www.copconstruction.com Commitment - Opportunity – People CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Revis, Coralynn <Coralynn.Revis@hdrinc.com> Sent: Tuesday, June 30, 2020 10:55 AM To: Eric Smith <esmith@copconstruction.com> Cc: Grover, Ted <Theodore.Grover@hdrinc.com>; Sam Bower <sbower@copconstruction.com> Subject: RE: Davis Schedule WARNING: PLEASE USE CAUTION. THIS EMAIL ORIGINATED FROM OUTSIDE THE COP CONSTRUCTION ORGANIZATION. Eric, I followed up with Bob again, we’re good with the extended schedule and a winter shut down and then coming back next spring. Do you think you need additional time in addition to the winter shut down (i.e., do you plan to work on stuff through the winter also?). Also, I’m fairly certain that the building move will be just fine, but we have to run it past the planning department for changes- they might require another tree or two, but I can’t imagine they would care otherwise. DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 2 Thank you, Cora Coralynn Revis, PE D 406.532.2219 hdrinc.com/follow-us From: Eric Smith [mailto:esmith@copconstruction.com] Sent: Tuesday, June 30, 2020 8:04 AM To: Revis, Coralynn <Coralynn.Revis@hdrinc.com> Cc: Grover, Ted <Theodore.Grover@hdrinc.com>; Sam Bower <sbower@copconstruction.com> Subject: Davis Schedule CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Cora, I would just like to follow up on the conversation had about the added contract time. Right now the micro tunnel subcontractor is saying that they will not be able to start due to winter weather conditions until the end of April. Once they begin they believe that they can complete all of there work within 10 weeks. This would then leave the installation and tie ins of pipe for COP to complete after the tunnel is installed. We would still like to try and start this project this year as of 7/20/20 to complete everything besides the micro tunnel. However we would like to come to a mutual agreement about the schedule before we have a definite start date to allow for the project to be completed without liquidated damages. Also one item still hanging out there that we would like to get finalized is the building move. Can you please give me an update on the status of the RFI associated with that. Thanks, Eric Smith Project Manager COP Construction LLC 242 S. 64th St. West Billings, MT 59106 P: 406.656.4632 | C: 406.850.8274 esmith@copconstruction.com www.copconstruction.com Commitment - Opportunity – People CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 1 Eric Smith From:Sam Bower Sent:Monday, June 15, 2020 11:02 AM To:Grover, Ted; Eric Smith Subject:20106 Davis Lift Station Schedule Attachments:20106 Davis Lift Station 061520.pdf Ted, Attached is our current schedule showing the estimated completion date of April 4, 2021 for the buildings and May 7, 2021 for the microtunnel. If we shift the building 30 feet east we would be able to build the lift station and wet well concurrently. The shift would also allow the lift station to be constructed out of the impacted zone of the wet well and we would be able to start on the lift station sooner and potentially minimize cold weather concrete pours. Due to the submittal process and long lead times on materials, the microtunnel will not start prior to the October 15 cutoff point for work in this region. As a result, it is pushed out to next spring. The microtunnel contractor is currently saying they wouldn’t be able to start until after Easter. As a solution, COP is suggesting we complete as much work as we can during the 2020 construction season and leave the microtunnel to be completed next spring. This would require an extension of contract time to allow for the microtunnel work to begin next April which would be past the estimated March 16 finish date. Please let me know if you have an questions regarding our schedule. Thank you, Sam Bower Project Engineer COP Construction LLC 242 S. 64th St. West Billings, MT 59106 P: 406.656.4632 | C: 406.697.1397 | F: 406.656.4808 E: sbower@copconstruction.com W: www.copconstruction.com Commitment - Opportunity – People CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 Job No. Date: 40 Hr Week 45 Hr Week 50 Hr Week 55 Hr Week 60 Hr Week Hours Rate Hours 10 $76.40 $764.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $764.00 $0.00 $764.00 Hrs Wkd Cost / Rate Total Hrs Wkd Cost / Rate Total 10.0 $207.12 $2,071.20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,071.20 %$0.00 % $2,071.20 $0.00 $0.00 $0.00 $0.00 $2,071.20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 COP EQUIPMENT - MARKUP INCLUDED RENTAL EQUIPMENT - MARKUP INCLUDED $0.00 Description $0.00 Subtotal Labor Subtotal Labor Total Labor Description $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Matt Wells Superintendent $764.00 $0.00 $0.00 The information contained here-in shall represent the work performed on the date noted. COP Construction LLC reserves the right to include overlooked expenses before final invoice. Labor rates based on composite week hours as marked: LABOR USED - MARKUP INCLUDED Name Classification Straight or Blended Total St. Time Overtime Total Overtime TOTAL Rate Page 1/2 DAILY FORCE ACCOUNT/BACKCHARGE/EXTRA WORK REPORT 20106 Job Name/Location:Davis Lift Station EQUAL OPPORTUNITY EMPLOYER Describe Work Perfomed: Additional Costs for Covid Delays Crane Sales Tax if Applicable Subtotal COP Equipment Sales Tax if Applicable Subtotal Prior to Sales Tax Subtotal Prior to Sales Tax Subtotal Rental Equipment TOTAL EQUIPMENT COPFORM OM10-10 - Daily Force Account/Back Charge/Extra Work Report, Rev. 03/02/2011 DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 U of M Cost / Rate % U of M Cost / Rate Units U of M Cost / Rate Total U of M Cost / Rate Total 1 ea $100.00 $100.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $100.00 15 % 5 % 3 % Equipment Signature of Project Representative Signature of COP Construction Representative Grand Total $3,023.26 $0.00 $0.00 $0.00 Materials Subcontractor General Conditions Construction Time Affected : Yes No Notes on Contract Time: Total General Conditions $100.00 SUMMARY Labor $0.00 $0.00 $0.00 Subtotal General Conditions Subtotal General Conditions $0.00 Bonus (if applies) Office Rent Site Security $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Itemize Completely Small Tools Fuel Storage Sanitary Facillities Dumpster Units $0.00 GENERAL CONDITIONS (Markup Included When Contract Allows) $0.00 $0.00 $0.00 $0.00 $0.00 SUBCONTRACTORS - WITHOUT MARKUP $0.00 $0.00 $0.00 $0.00 $0.00 Units $0.00 $0.00 Total $0.00 $0.00 $0.00 $0.00 Total $0.00 UnitsItemize Completely $0.00 Sales Tax if Applicable Subtotal Prior to Sales Tax $0.00 $0.00 $100.00 Per Diem - Salary Per Diem - Hourly Safety Training Employment Expenses Safety Equip. & Supplies Total Subcontractors $0.00 $0.00 $0.00 Itemize Completely Total Materials / Expenses $764.00 $2,071.20 MATERIALS USED / EXPENSES - WITHOUT MARKUP Itemize Completely Page 2/2 DAILY FORCE ACCOUNT/BACKCHARGE/EXTRA WORK REPORT Phone Service Units $2,935.20 Add Markup - Material Add Markup - Subcontractor Add Gross Receipts Tax, Bonds & Insurance $2,935.20 $88.06 Subtotal **Gross Receipts Tax is included if applicable in your State. Subtotal COPFORM OM10-10 - Daily Force Account/Back Charge/Extra Work Report, Rev. 03/02/2011 DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 hdrinc.com HDR Engineering 2150 Analysis Drive, Suite A Bozeman, MT 59718 April 19, 2021 Mr. Eric Smith COP Construction LLC 242 South 64th Street West Billings, MT 59106 Eric, This letter is in response to COP’s April 2nd, 2021 letter pertaining to scheduling for the Davis Lane Lift Station and Norton Ranch Outfall Sewer Project. In the letter, COP restates their position regarding COVID-19 scheduling delays on the microtunneling portion of the project, and requests additional contract time and reimbursements to complete the project. COP states they are incurring $3,023.26 per day in additional costs due to the resultant delay in work. This cost includes $2,071.20 for a crane and $764.00 for labor. This was the first mention by COP of additional project costs. COP requests that all days of work above the 54 remaining contract days be reimbursed to COP. Section 4.05.C of the General Conditions states that: If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Such an adjustment will be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Section 4.05.C.1 lists epidemics as a cause of delay which may give rise to an adjustment in contract times under the above paragraph. The General Conditions explicitly state that an adjustment in contract time (and not cost) will be Contractor’s sole and exclusive remedy for any delays resulting from epidemics such as COVID-19. As such, any and all requests for an adjustment in contract price as a result of COVID-19 delays, including the $3,023.26 per day requested by COP in their April 2nd letter, are rejected. Section 4.05.E.4 of the General Conditions states that any Contractor seeking an increase in Contract Times must be supplemented by, “The number of days’ increase in Contract Time claimed as a consequence of each such cause of delay, disruption, or interference”. COP has not requested an explicit increase in the number of contract days in their DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 hdrinc.com HDR Engineering 2150 Analysis Drive, Suite A Bozeman, MT 59718 correspondence to the City regarding the microtunneling delays. COP’s original schedule showed a start date of 6/1/2020 and a completion date of 1/26/2021, a timespan equal to 240 calendar days. Since the microtunneling delays became apparent, COP’s updated schedules have consistently shown a project start date of 7/20/2020 and a project completion date of 7/7/2021. Change Order No. 2 increased the contract time by seven days, and CPR No. 17 increased the contract time by one day. As a result of these changes, the current Contract Time consists of 248 calendar days. A winter shutdown was taken beginning January 29th, 2021, and work resumed on April 2nd, 2021. As of January 29th, 194 calendar days of contract time had been used, leaving 54 calendar days to complete the project when work resumed on April 2nd, 2021. Based on COP’s projected completion date of 7/7/2021, 97 calendar days are required to complete the project, an increase of 43 calendar days from current remaining Contract Time. In an initial response to COP, dated July 14th, 2020, it was suggested that COP proceed with the project until the wet well deck pour was complete, and then commence a winter shutdown until microtunneling work could begin. All remaining project work could then be finished concurrently with the microtunneling, allowing for the project to be completed within the 240 calendar day contract period, or close to it. As previously stated, COP did decide to take a winter shutdown on 1/29/2021 after the wet well lid was poured, but the pour date of 1/27/2021 was much later than the originally shown pour date of 12/28/2020 shown on the September, October and November schedules (Schedule ID 1190). This delay in pouring the wet well lid is largely attributed to the wet well foundation concrete strength deficiencies, which halted major progress on the wet well construction until it was clear that the concrete would reach adequate strength requirements. Had the lid been poured on 12/28/2020 and a winter shutdown been commenced thereafter, 86 calendar days of contract time would have remained to finish the project (using the adjusted time of 248 calendar days). COP’s adjusted schedules have shown 94 calendar days of work required to finish the project from the time microtunneling work commences on 4/5/2021 to the completion of startup on 7/7/2021. This overrun of eight calendar days is much less than the current projected overrun of 43 calendar days. Additionally, COP left the project site for a holiday break beginning on 12/23/2021 without invoking any shutdown or formal stoppage of work. COP returned to the site on 1/4/2021. Had COP requested a shutdown for the holidays, one would have been granted by the City. Consequently, the City will provide these 12 calendar days back to COP. DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 hdrinc.com HDR Engineering 2150 Analysis Drive, Suite A Bozeman, MT 59718 In summary, the additional costs are rejected in full and the allowance of an additional 20 calendar days is appropriate, eight days for the microtunneling delays and twelve days for the time that COP left the site on a holiday break. Sincerely, Coralynn Revis, P.E. Project Manager cc. Bob Murray, P.E., City of Bozeman Tim Pirtz, P.E., Sanderson Stewart DocuSign Envelope ID: 9103C10D-C448-4CDC-A3FA-6F8A5C3C6345 EJCDC® C-941, Change Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 Change Order No. 03 Date of Issuance: Effective Date: 5/27/2021 Owner: City of Bozeman Owner's Contract No.: Contractor: COP Construction Contractor’s Project No.: Engineer: HDR Engineering Engineer's Project No.: 10156423 Project: Davis Lane Lift Station and Norton Ranch Sewer The Contract is modified as follows upon execution of this Change Order: Description: This CPR increases the contract time of the project by 20 calendar days, consistent with the letter to COP Construction dated 4/19/2021. This letter is included as an attachment to this CPR. Attachments: 4/2/2021 COP Schedule Letter, 4/19/2021 HDR Schedule Letter CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES Original Contract Price: Original Contract Times: 240 days Substantial Completion: 240 days $16,487,487.00 Ready for Final Payment: days or dates Increase from previously approved Change Orders No. 1 to No. 2: Increase from previously approved Change Orders No. 1 to No. 2: Substantial Completion: 7 days $148,672.47 Ready for Final Payment: NA days or dates Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: 247 days $16,636,159.47 Ready for Final Payment: 277 days or dates Increase of this Change Order: Increase of this Change Order: Substantial Completion: 20 days $0.00 Ready for Final Payment: 20 days days or dates Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: 267 days $16,636,159.47 Ready for Final Payment: 297 days or dates RECOMMENDED: ACCEPTED: ACCEPTED: By: By: By: Engineer (if required) Owner (Authorized Signature) Contractor (Authorized Signature) Title: Title: Title: Date: Date : Date: Project Manager 5/28/2021 DocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 City Manager 7/14/2021 April 2, 2021 Coralynn Revis HDR 2150 Analysis Dr Ste A Bozeman, MT 59718 RE: Davis Lane Contract Time Extension- Change Proposal Request Davis Lane Lift Station & Norton East Ranch Outfall Sewer Project COP Project No. 20106 Dear Mrs. Revis, The below information is a request for additional contract time and costs due to the COVID-19 schedule delays on the Davis Lane Lift Station and East Ranch Outfall Sewer Project Schedule. During the bidding process it was stated at the pre bid meeting on March 25, 2020 that any delays related to the COVID-19 pandemic would be addressed at the time of the delay. Guidance from the City of Bozeman was given to proceed with bidding as if the project could progress without any interruption or delay in material procurement. Before construction began COP Construction LLC (COP) set up a meeting on June 12, 2020 to discuss schedule impacts relating to material delays to determine how the City of Bozeman would like to proceed. COP received very little guidance and sent follow up emails sent on June 15, 2020 and June 30, 2020. The response in an email from Bob Murray on July 14, 2020 then stated that the City of Bozeman wanted the contract to proceed and shut down after the pipe work was completed to be taken. A letter following up this email was then issued on December 18, 2020 stating, that the city is in a general disagreement with a contract extension due to COP’s continued work on critical path items in lieu of the use of an available winter shut down. On January 29, 2021 COP took a winter shutdown to try and preserve as much contract time as possible due to the delay of the micro tunnel which caused delays in other work which was originally scheduled to progress without a winter shutdown. However, the contract does not state a winter shutdown must be taken due to delays which are caused by events outside of the contractors control. Originally the micro tunnel was scheduled to begin on August 31, 2020 and be completed by November 6, 2020. Due to the COVID-19 pandemic the casing material delivery dates were pushed from 8 weeks to 16 weeks per the letter from Trinity Products and the email from Primoris Services Corporation. DocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 The change in the casing delivery schedule put the starting time of the micro tunnel into a time of year that it could not be completed due to freezing conditions. If it were not for the delay of the casing pipe the micro tunnel could have been started and completed within the original contract times allowing float on this activity in case of delays relating to installation. In Article 4.05 C. it states that if the Contractor’s performance or progress is delayed, disrupted, or interfered with by the unanticipated causes not the fault of and beyond the control of Owner, Contractor and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in contract times. Also, under Article 4.05 C. 1. it lists epidemics as being a reason for contract time extensions due to uncontrollable delays. In delaying the micro tunnel and not being able to complete it concurrently it has made it so that COP is incurring additional costs due to the delay in work. The costs are $3,023.26/ day and they are outlined in the attached pricing sheet. If the work were able to run concurrently as planned management and equipment time would have not been increased due to multiple activities being able to be completed at once. Due to the additional time required to complete the project COP is requesting that all days above the 54 remaining contract days which are required for the micro tunnel, startup, and final tie-in work be reimbursed to COP. Attached is a schedule outlining anticipated delays. If the Covid-19 pandemic had not occurred, the project would have been able to progress as bid per the direction of the City of Bozeman during the bidding process. Sincerely, Eric Smith Project Manager DocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 Original Schedule DocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 2020 2021 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar 25 1 8 15 22 29 6 13 20 27 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 1 8 ID Description Original Duration Start Finish COP Pipe Crew 05 Dewatering 64 06/01/20 08/27/20 10 Set MH 24, Start MH23 3 06/15/20 06/17/20 20 Set MH 23, Sewer main to 87+08 3 06/18/20 06/22/20 30 Set MH 22, Sewer main to 83+33 3 06/23/20 06/25/20 40 Set MH21, Sewer main to 79+58 3 06/26/20 06/30/20 50 Sewer main to 75+08 3 07/01/20 07/03/20 60 Set MH20, Sewer main to 71+33 3 07/06/20 07/08/20 70 Set MH19, Sewer main to 67+58 3 07/09/20 07/13/20 80 Sewer main to 63+08 3 07/14/20 07/16/20 90 Set MH18, Sewer main to 59+33 3 07/17/20 07/21/20 100 Set MH17, Sewer main to 55+58 3 07/22/20 07/24/20 110 Sewer main to 51+08 3 07/27/20 07/29/20 120 Set MH16, Sewer main to 47+33 3 07/30/20 08/03/20 130 Set MH15, Sewer main to 43+58 3 08/04/20 08/06/20 140 Set MH14 & MH13, Sewer main to 40+58 3 08/07/20 08/11/20 150 Sewer main to 36+08 3 08/12/20 08/14/20 160 Set MH12, Sewer main to 32+33 3 08/17/20 08/19/20 170 Sewer main up to MH11, Start MH11 3 08/20/20 08/24/20 180 Set MH11, Sewer main to 24+08 3 08/25/20 08/27/20 190 Set MH10 & MH9 3 08/28/20 09/01/20 200 Set MH8, Start MH7 3 09/02/20 09/04/20 210 Set MH7 & MH6, Sewer main to 15+81 3 09/07/20 09/09/20 220 Set MH5, Sewer main to 12+06 3 09/10/20 09/14/20 230 Set MH4, Sewer main up to 8+31 3 09/15/20 09/17/20 240 Set MH3, Sewer main up to 4+56 3 09/18/20 09/22/20 250 Set MH2, Sewer main up to 0+81 3 09/23/20 09/25/20 260 Set MH1A & MH1, Clean up 3 09/28/20 09/30/20 280 Set MH34 & MH33, Sewer to 127+83 3 07/20/20 07/22/20 290 Sewer up to MH32, Start MH32 3 07/23/20 07/27/20 300 Set MH32, Start MH31 3 07/28/20 07/30/20 310 Set MH31, Sewer to 115+83 3 07/31/20 08/04/20 320 Set MH30, Sewer to 112+08 3 08/05/20 08/07/20 330 Set MH29 & MH28, Sewer to 109+07 3 08/10/20 08/12/20 340 Sewer to 104+57 3 08/13/20 08/17/20 350 Set MH27 & MH26, Sewer to 101+57 3 08/18/20 08/20/20 360 Set MH25, Sewer to 97+82 3 08/21/20 08/25/20 370 Sewer up to MH24, Tie on to MH24 3 08/26/20 08/28/20 380 Water Main from 130+50 to 123+00 3 08/31/20 09/02/20 390 Water Main from 123+00 to 115+50 3 09/03/20 09/07/20 400 Water Main to existing GV, Install 1` Hydrant 3 09/08/20 09/10/20 Project StartProject FinishDewatering Set MH 24, Start MH23 Set MH 23, Sewer main to 87+08 Set MH 22, Sewer main to 83+33 Set MH21, Sewer main to 79+58 Sewer main to 75+08 Set MH20, Sewer main to 71+33 Set MH19, Sewer main to 67+58 Sewer main to 63+08 Set MH18, Sewer main to 59+33 Set MH17, Sewer main to 55+58 Sewer main to 51+08 Set MH16, Sewer main to 47+33 Set MH15, Sewer main to 43+58 Set MH14 & MH13, Sewer main to 40+58 Sewer main to 36+08 Set MH12, Sewer main to 32+33 Sewer main up to MH11, Start MH11 Set MH11, Sewer main to 24+08 Set MH10 & MH9 Set MH8, Start MH7 Set MH7 & MH6, Sewer main to 15+81 Set MH5, Sewer main to 12+06 Set MH4, Sewer main up to 8+31 Set MH3, Sewer main up to 4+56 Set MH2, Sewer main up to 0+81 Set MH1A & MH1, Clean up Set MH34 & MH33, Sewer to 127+83 Sewer up to MH32, Start MH32 Set MH32, Start MH31 Set MH31, Sewer to 115+83 Set MH30, Sewer to 112+08 Set MH29 & MH28, Sewer to 109+07 Sewer to 104+57 Set MH27 & MH26, Sewer to 101+57 Set MH25, Sewer to 97+82 Sewer up to MH24, Tie on to MH24 Water Main from 130+50 to 123+00 Water Main from 123+00 to 115+50 Water Main to existing GV, Install 1` Hydrant Page 1A DocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 2020 2021 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar 25 1 8 15 22 29 6 13 20 27 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 1 8 ID Description Original Duration Start Finish 410 Install 3 Hydrants 1 09/11/20 09/11/20 420 74 lf of 36" PVC SD 1 09/14/20 09/14/20 430 72" SDMH & 27x44" Arch 1 09/15/20 09/15/20 440 18" RCP Culvert 1 09/16/20 09/16/20 441 Force Mains to 4+50 3 09/17/20 09/21/20 442 Force Mains to 9+00 3 09/22/20 09/24/20 443 Force Mains to 13+50 3 09/25/20 09/29/20 444 Force Mains to 18+00 3 09/30/20 10/02/20 445 Force Mains to 22+50 3 10/05/20 10/07/20 446 Force Mains to 27+00 3 10/08/20 10/12/20 447 Force Mains to 31+50 3 10/13/20 10/15/20 448 Force Mains to end & set MH36 4 10/16/20 10/21/20 Prep Crew 450 Paving Prep Catamount to Cattail 15 07/14/20 08/03/20 460 Paving Prep Cattail to School 10 08/07/20 08/20/20 465 Paving Prep Microtunnel to Catamount 15 08/21/20 09/10/20 470 Paving Prep Arabian Ave 10 09/15/20 09/28/20 480 Prep Paving for Baxter 4 10/01/20 10/06/20 No value assigned 1000 Excavate Site to Workbench Elevations 10 06/01/20 06/12/20 1010 Jet Dewatering Wells 5 06/15/20 06/19/20 1020 Set Up Temp Power 1 06/01/20 06/01/20 1030 Drill/Set King Pile 10 06/22/20 07/03/20 1040 Drill and Set Sheet Pile 10 07/06/20 07/17/20 1050 Excavate Wet Well Subgrade 10 07/20/20 07/31/20 1060 Subgrade Prep 2 08/03/20 08/04/20 1070 Form Wet Well Footer/Tie Rebar/Place Waterstop 5 08/05/20 08/11/20 1080 Pour Wet Well Footer 1 08/12/20 08/12/20 1090 Form Wet Well Wall/Tie Rebar/Electrician 15 08/18/20 09/07/20 1100 Pour Wet Well Walls 1 09/11/20 09/11/20 1110 Strip Wet Well Walls/Patch Exterior Walls 5 09/14/20 09/18/20 1120 Pull Sheet Piles & Backfill 10 10/09/20 10/22/20 1130 Form Fillet Walls/Tie Rebar Lift Station 10 09/21/20 10/02/20 1140 Pour Wet Well Fillets 1 10/05/20 10/05/20 1150 Strip Wet Well Fillets/Point & Patch 5 10/15/20 10/21/20 1160 Chaulk Joints 2 10/22/20 10/23/20 1170 Leak Test 3 10/26/20 10/28/20 1180 Form Wet Well Deck/Tie Rebar/Set Hatches/Electrician10 10/29/20 11/11/20 1190 Pour Wet Well Deck 1 11/12/20 11/12/20 1200 Strip Wet Well Deck 2 12/14/20 12/15/20 1210 Final Clean Up 1 12/16/20 12/16/20 Project StartProject FinishInstall 3 Hydrants 74 lf of 36" PVC SD 72" SDMH & 27x44" Arch 18" RCP Culvert Force Mains to 4+50 Force Mains to 9+00 Force Mains to 13+50 Force Mains to 18+00 Force Mains to 22+50 Force Mains to 27+00 Force Mains to 31+50 Force Mains to end & set MH36 Paving Prep Catamount to Cattail Paving Prep Cattail to School Paving Prep Microtunnel to Catamount Paving Prep Arabian Ave Prep Paving for Baxter Excavate Site to Workbench Elevations Jet Dewatering Wells Set Up Temp Power Drill/Set King Pile Drill and Set Sheet Pile Excavate Wet Well Subgrade Subgrade Prep Form Wet Well Footer/Tie Rebar/Place Waterstop Pour Wet Well Footer Form Wet Well Wall/Tie Rebar/Electrician Pour Wet Well Walls Strip Wet Well Walls/Patch Exterior Walls Pull Sheet Piles & Backfill Form Fillet Walls/Tie Rebar Lift Station Pour Wet Well Fillets Strip Wet Well Fillets/Point & Patch Chaulk Joints Leak Test Form Wet Well Deck/Tie Rebar/Set Hatches/Electrician Pour Wet Well Deck Strip Wet Well Deck Final Clean Up Page 2A DocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 2020 2021 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar 25 1 8 15 22 29 6 13 20 27 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 1 8 ID Description Original Duration Start Finish 1220 Epoxy Wet Well 2 12/17/20 12/18/20 1230 Wet Well Process Piping 10 12/21/20 01/01/21 1240 Underground Piping/Set Pour 10 08/03/20 08/14/20 1250 Backfill to Footer Subgrade 2 08/17/20 08/18/20 1260 Form Footer/Tie Rebar 3 08/19/20 08/21/20 1270 Pour Lift Station & Footers 1 08/24/20 08/24/20 1280 Form/Rebar Stem Walls & Electrician 3 08/25/20 08/27/20 1290 Pour Stem Walls 1 08/28/20 08/28/20 1300 Rough In MEP 3 08/31/20 09/02/20 1310 Subgrade Lift Station Pad 2 09/14/20 09/15/20 1320 Form Slab/Tie Rebar/Set Drains/Pipe Sleeves 4 09/16/20 09/21/20 1330 Pour Lift Station Slab & Generator Pad 1 09/22/20 09/22/20 1340 Mason Lift Station Wall 15 09/23/20 10/13/20 1350 Interior Process Piping 10 09/23/20 10/06/20 1360 Roofer/Lift Station 10 10/14/20 10/27/20 1370 Paint Exterior Masonry, Process Piping, Roof Joists, & Interior510/28/20 11/03/20 1380 Electrician for Main Installation 10 11/04/20 11/17/20 1390 Painter 5 11/18/20 11/24/20 1400 Startup 10 01/04/21 01/15/21 1405 Final Clean Up 7 01/18/21 01/26/21 1410 Rough Carpentry/Doors/Windows/Overhead Doors10 10/14/20 10/27/20 1420 Site Work - Bollards & Landscaping 10 10/14/20 10/27/20 1430 Microtunnel Materials Arrive 5 08/25/20 08/31/20 1440 Microtunnel 50 08/31/20 11/06/20 2000 End of Contract Time 0 01/26/21A 2005 COP Install Utilities in Micro Tunnel 10 11/09/20 11/20/20 2015 Finish Water and Sewer Tie Ins 5 11/23/20 11/27/20 Project StartProject FinishEpoxy Wet Well Wet Well Process Piping Underground Piping/Set Pour Backfill to Footer Subgrade Form Footer/Tie Rebar Pour Lift Station & Footers Form/Rebar Stem Walls & Electrician Pour Stem Walls Rough In MEP Subgrade Lift Station Pad Form Slab/Tie Rebar/Set Drains/Pipe Sleeves Pour Lift Station Slab & Generator Pad Mason Lift Station Wall Interior Process Piping Roofer/Lift Station Paint Exterior Masonry, Process Piping, Roof Joists, & Interior Electrician for Main Installation Painter Startup Final Clean Up Rough Carpentry/Doors/Windows/Overhead Doors Site Work - Bollards & Landscaping Microtunnel Materials Arrive Microtunnel End of Contract Time COP Install Utilities in Micro Tunnel Finish Water and Sewer Tie Ins Page 3A DocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 Updated Schedule With Delays DocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep20202021ID DescriptionOriginalDurationStart FinishCOP Pipe Crew05 Dewatering6407/20/20A12/04/20A10 Set MH 24, Start MH23 308/18/20A08/21/20A20 Set MH 23, Sewer main to 87+08 308/21/20A08/25/20A30 Set MH 22, Sewer main to 83+33 308/26/20A08/31/20A40 Set MH21, Sewer main to 79+58 309/01/20A09/08/20A50 Sewer main to 75+08 309/08/20A09/11/20A60 Set MH20, Sewer main to 71+33 309/14/20A09/21/20A70 Set MH19, Sewer main to 67+58 309/22/20A09/25/20A80 Sewer main to 63+08 309/28/20A10/02/20A90 Set MH18, Sewer main to 59+33 310/05/20A10/09/20A100 Set MH17, Sewer main to 55+58 310/12/20A10/14/20A110 Sewer main to 51+08 310/15/20A10/19/20A120 Set MH16, Sewer main to 47+33 310/20/20A10/21/20A130 Set MH15, Sewer main to 43+58 310/22/20A10/22/20A140Set MH14 & MH13, Sewer main to 40+58310/23/20A10/23/20A150 Sewer main to 36+08 4210/26/20A10/27/20A160 Set MH12, Sewer main to 32+33 310/28/20A10/30/20A170 Sewer main up to MH11, Start MH11 311/02/20A11/04/20A180 Set MH11, Sewer main to 24+08 311/05/20A11/09/20A190 Set MH10 & MH9 311/10/20A11/12/20A200 Set MH8, Start MH7 311/13/20A11/17/20A210 Set MH7 & MH6, Sewer main to 15+81 311/18/20A11/20/20A220 Set MH5, Sewer main to 12+06 311/23/20A12/01/20A230 Set MH4, Sewer main up to 8+31 311/05/20A11/09/20A240 Set MH3, Sewer main up to 4+56 311/10/20A11/12/20A250 Set MH2, Sewer main up to 0+81 311/13/20A11/25/20A260 Set MH1A & MH1, Clean up 311/30/20A12/18/20A280 Set MH34 & MH33, Sewer to 127+83 308/06/20A08/10/20A290 Sewer up to MH32, Start MH32 308/10/20A08/12/20A300 Set MH32, Start MH31 308/12/20A08/15/20A310 Set MH31, Sewer to 115+83 308/17/20A08/19/20A320 Set MH30, Sewer to 112+08 308/19/20A08/25/20A330 Set MH29 & MH28, Sewer to 109+07 308/26/20A08/28/20A340 Sewer to 104+57 308/31/20A09/01/20A350 Set MH27 & MH26, Sewer to 101+57 309/01/20A09/03/20A360 Set MH25, Sewer to 97+82 309/03/20A09/09/20A370 Sewer up to MH24, Tie on to MH24 309/09/20A09/10/20A380 Water Main from 130+50 to 123+00 309/10/20A09/14/20A390 Water Main from 123+00 to 115+50 309/15/20A09/16/20A400Water Main to existing GV, Install 1` Hydrant309/17/20A09/21/20AProject StartProject FinishDewateringSet MH 24, Start MH23Set MH 23, Sewer main to 87+08Set MH 22, Sewer main to 83+33Set MH21, Sewer main to 79+58Sewer main to 75+08Set MH20, Sewer main to 71+33Set MH19, Sewer main to 67+58Sewer main to 63+08Set MH18, Sewer main to 59+33Set MH17, Sewer main to 55+58Sewer main to 51+08Set MH16, Sewer main to 47+33Set MH15, Sewer main to 43+58Set MH14 & MH13, Sewer main to 40+58Sewer main to 36+08Set MH12, Sewer main to 32+33Sewer main up to MH11, Start MH11Set MH11, Sewer main to 24+08Set MH10 & MH9Set MH8, Start MH7Set MH7 & MH6, Sewer main to 15+81Set MH5, Sewer main to 12+06Set MH4, Sewer main up to 8+31Set MH3, Sewer main up to 4+56Set MH2, Sewer main up to 0+81Set MH1A & MH1, Clean upSet MH34 & MH33, Sewer to 127+83Sewer up to MH32, Start MH32Set MH32, Start MH31Set MH31, Sewer to 115+83Set MH30, Sewer to 112+08Set MH29 & MH28, Sewer to 109+07Sewer to 104+57Set MH27 & MH26, Sewer to 101+57Set MH25, Sewer to 97+82Sewer up to MH24, Tie on to MH24Water Main from 130+50 to 123+00Water Main from 123+00 to 115+50Water Main to existing GV, Install 1` HydrantPage 1ADocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep20202021ID DescriptionOriginalDurationStart Finish410 Install 3 Hydrants 109/22/20A09/23/20A415Rebuild Davis Valley Center to Trout Meadows 1509/24/20A10/02/20A417 Dewater Arabian - Baxter 1010/12/20A11/04/20A420 74 lf of 36" PVC SD 110/12/20A10/12/20A430 72" SDMH & 27x44" Arch 110/13/20A10/15/20A440 18" RCP Culvert 112/15/20A12/15/20A441 Force Mains to 4+50 1511/16/20A11/17/20A442 Force Mains to 9+00 311/18/20A11/19/20A443 Force Mains to 13+50 311/20/20A11/24/20A444 Force Mains to 18+00 311/30/20A12/02/20A445 Force Mains to 22+50 312/03/20A12/04/20A446 Force Mains to 27+00 312/07/20A12/09/20A447 Force Mains to 31+50 312/10/20A12/14/20A448 Force Mains to end & set MH36 412/15/20A12/17/20A449 Test Force Mains 301/04/21A01/13/21APrep Crew450 Paving Prep Trout Medows to Cattail 1509/14/20A10/02/20A470 Paving Prep Arabian Ave 1011/30/20A12/03/20A475 Restore Vegetated Areas 20 04/05/21 04/30/21480 Prep and Pave Project 20 04/12/21 05/07/21490 Build Trail in School Property 1011/23/20A12/18/20ANo value assigned1000 Excavate Site to Workbench Elevations 1007/20/20A07/24/20A1010 Jet Dewatering Wells 507/28/20A07/30/20A1020 Set Up Temp Power 109/10/20A09/10/20A1030 Drive Sheets 1008/01/20A08/17/20A1050 Excavate Wet Well Subgrade 1008/18/20A09/04/20A1060 Subgrade Prep409/08/20A09/11/20A1070Form Wet Well Footer/Tie Rebar/Place Waterstop509/14/20A09/18/20A1080 Pour Wet Well Footer 109/21/20A09/21/20A1090Form Wet Well Wall/Tie Rebar/Electrician1809/28/20A10/07/20A1100 Pour Wet Well Walls 110/08/20A10/08/20A1110Strip Wet Well Walls/Patch Exterior Walls510/19/20A10/23/20A1120Pull Sheet Piles & Backfill Rough in Lift station Grade 1001/04/21A01/15/21A1130 Form Fillet Walls/Tie Rebar Lift Station 1010/28/20A12/07/20A1140 Pour Wet Well Fillets 112/08/20A12/09/20A1150 Strip Wet Well Fillets/Point & Patch 512/09/20A12/11/20A1160 Chaulk Joints212/14/20A12/15/20A1170 Leak Test612/18/20A12/25/20A1180Form Wet Well Deck/Tie Rebar/Set Hatches/Electrician1001/18/21A01/26/21A1190 Pour Wet Well Deck 101/27/21A01/27/21AProject StartProject FinishInstall 3 HydrantsRebuild Davis Valley Center to Trout Meadows Dewater Arabian - Baxter 74 lf of 36" PVC SD72" SDMH & 27x44" Arch18" RCP CulvertForce Mains to 4+50Force Mains to 9+00Force Mains to 13+50Force Mains to 18+00Force Mains to 22+50Force Mains to 27+00Force Mains to 31+50Force Mains to end & set MH36Test Force Mains Paving Prep Trout Medows to CattailPaving Prep Arabian AveRestore Vegetated Areas Prep and Pave Project Build Trail in School Property Excavate Site to Workbench ElevationsJet Dewatering WellsSet Up Temp PowerDrive Sheets Excavate Wet Well SubgradeSubgrade PrepForm Wet Well Footer/Tie Rebar/Place WaterstopPour Wet Well FooterForm Wet Well Wall/Tie Rebar/ElectricianPour Wet Well WallsStrip Wet Well Walls/Patch Exterior WallsPull Sheet Piles & Backfill Rough in Lift station Grade Form Fillet Walls/Tie Rebar Lift StationPour Wet Well FilletsStrip Wet Well Fillets/Point & PatchChaulk JointsLeak TestForm Wet Well Deck/Tie Rebar/Set Hatches/ElectricianPour Wet Well DeckPage 2ADocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep20202021ID DescriptionOriginalDurationStart Finish1200 Strip Wet Well Deck 504/05/21A04/09/211210 Final Clean Up504/12/21A04/16/21A1220 Epoxy Wet Well 10 04/05/21 04/16/211230 Wet Well Process Piping 5 04/19/21 04/23/211235Final Gradding/ Restoration around Lift Station 5 04/26/21 04/30/211237 Start Up of Functioning Equipment 2 05/03/21 05/04/211240 Underground Piping/Set Pour 1008/24/20A09/01/20A1250 Backfill to Footer Subgrade 209/02/20A09/02/20A1260 Form Footer/Tie Rebar 309/03/20A09/04/20A1270 Pour Lift Station & Footers 109/08/20A09/08/20A1280 Form/Rebar Stem Walls & Electrician 309/09/20A09/10/20A1290 Pour Stem Walls 109/11/20A09/11/20A1300 Rough In MEP309/21/20A10/09/20A1310 Subgrade Lift Station Pad 110/12/20A10/13/20A1320Form Slab/Tie Rebar/Set Drains/Pipe Sleeves410/14/20A10/14/20A1330 Pour Lift Station Slab & Generator Pad 110/15/20A10/15/20A1340 Mason Lift Station Wall 1010/26/20A11/23/20A1350 Interior Process Piping 1011/09/20A11/20/20A1360 Roofer/Lift Station 1011/23/20A01/08/21A1380 Electrician for Main Installation 35 04/05/21 05/21/211400 Startup3 07/05/21 07/07/211410Rough Carpentry/Doors/Windows/Overhead Doors3501/04/21A01/29/21A1420 Site Work - Bollards & Landscaping 10 04/05/21 04/16/211430 Microtunnel Materials Arrive 1001/11/21A01/22/21A1440 Microtunnel50 04/05/21 06/11/212000 End of Contract Time 005/24/21A2002 Begining winter Shutdown 001/29/21A2003 End Winter Shutdown 004/01/21A2005 COP Install Utilities in Micro Tunnel 10 06/14/21 06/25/212015 Finish Water and Sewer Tie Ins 5 06/28/21 07/02/21Project StartProject FinishStrip Wet Well DeckFinal Clean UpEpoxy Wet WellWet Well Process PipingFinal Gradding/ Restoration around Lift Station Start Up of Functioning Equipment Underground Piping/Set PourBackfill to Footer SubgradeForm Footer/Tie RebarPour Lift Station & FootersForm/Rebar Stem Walls & ElectricianPour Stem WallsRough In MEPSubgrade Lift Station PadForm Slab/Tie Rebar/Set Drains/Pipe SleevesPour Lift Station Slab & Generator PadMason Lift Station WallInterior Process PipingRoofer/Lift StationElectrician for Main InstallationStartupRough Carpentry/Doors/Windows/Overhead DoorsSite Work - Bollards & LandscapingMicrotunnel Materials ArriveMicrotunnelEnd of Contract TimeBegining winter ShutdownEnd Winter ShutdownCOP Install Utilities in Micro Tunnel Finish Water and Sewer Tie Ins Page 3ADocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 DocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 1 Eric Smith From:Revis, Coralynn <Coralynn.Revis@hdrinc.com> Sent:Tuesday, July 14, 2020 2:30 PM To:Eric Smith Subject:FW: Covid-19 Delays WARNING: PLEASE USE CAUTION. THIS EMAIL ORIGINATED FROM OUTSIDE THE COP CONSTRUCTION ORGANIZATION. Coralynn Revis, PE D 406.532.2219 hdrinc.com/follow-us From: Bob Murray [mailto:BMurray@BOZEMAN.NET] Sent: Tuesday, July 14, 2020 1:49 PM To: Revis, Coralynn <Coralynn.Revis@hdrinc.com> Cc: Tim Pirtz <tpirtz@sandersonstewart.com> Subject: RE: Covid-19 Delays CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Although it is not an overwhelming case that’s been made, I could see a recommendation to the commission that this meets the criteria in section 4.05.C.1, but there is still a big disconnect in my opinion that needs justification. After all, they say it is no cost, but by approving this change, we will be committing to some level of inspection for an additional 4 months. In reviewing the schedules they provided, the original had a duration of 176 days for the wet well and lift station (from excavate to workbench – Painter), but the revised one has gone up to 259 days. A difference of 83 days, or the majority of the request. Since all of the lift station of that work is after the 1st of the year, the delays pointed to by the electrician don’t explain the change. They have made an all or nothing request – either give them an extension and let them work through the winter basically at their own pace, or wait to start until next year. I still feel that there is a middle ground that is very workable and what I thought they were requesting right from the beginning. Finish all of the pipe work as shown on their schedule, get the wet well done through their item 1190 and then shut down for the rest of the winter. The rest of the lift station work can then be done concurrently with the mirotunnel in the spring. We may need to give a short extension, but it would be significantly less than the 50% increase they are asking for now. From: Revis, Coralynn <Coralynn.Revis@hdrinc.com> Sent: Friday, July 10, 2020 10:29 AM To: Bob Murray <BMurray@BOZEMAN.NET> Cc: Tim Pirtz <tpirtz@sandersonstewart.com> Subject: FW: Covid-19 Delays Bob, Please find the attached formal request from COP for the increase in project time. Thank you, Cora DocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 2 Coralynn Revis, PE D 406.532.2219 hdrinc.com/follow-us From: Eric Smith [mailto:esmith@copconstruction.com] Sent: Friday, July 10, 2020 9:31 AM To: Revis, Coralynn <Coralynn.Revis@hdrinc.com> Cc: Sam Bower <sbower@copconstruction.com> Subject: Covid-19 Delays CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Cora, Please find attached the letter and correspondence requesting additional contract time due to Covid-19 delays. Please let me know if you have any questions. Thanks, Eric Smith Project Manager COP Construction LLC 242 S. 64th St. West Billings, MT 59106 P: 406.656.4632 | C: 406.850.8274 esmith@copconstruction.com www.copconstruction.com Commitment - Opportunity – People CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. DocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 1 Eric Smith From:Revis, Coralynn <Coralynn.Revis@hdrinc.com> Sent:Wednesday, July 8, 2020 12:20 PM To:Eric Smith Subject:RE: Davis Schedule Attachments:schedule sections.pdf WARNING: PLEASE USE CAUTION. THIS EMAIL ORIGINATED FROM OUTSIDE THE COP CONSTRUCTION ORGANIZATION. Eric, Thank you for the information. I need a little more on the specifics per the contract and suggest a formal letter to the City with all of the documentation. We need two versions of the schedule, one that shows your original plan and completing the critical path within the time allotted and then the critical path being impacted and updated per your email and documentation. I’ve attached the relevant section of the specs for your reference as you gather the materials. In summary, a formal request stating: · What was assumed during the bid, and what formal correspondence or communications can you provide that substantiates their original assumption? · What has changed that impacts the original baseline schedule that showed completion of the contract within the times in the Agreement? What do those changes do to the Critical Path, and is a Contract Change supported. · Were the changes claimed out of the control of the Contractor? This will need to be substantiated through something formal from their suppliers and/or subcontractor I am guessing for the City to be able to accept. · The Contractor should in their written narrative clearly state whether any costs are associated with the Change, or whether the change in Contract Time can be addressed without a Change in Contract Price. There need to be bookends on their formal request. All needs to be very formal, and written in a letter request from the Contractor, as the City will need that for acceptance or denial. Thank you, Cora Coralynn Revis, PE D 406.532.2219 hdrinc.com/follow-us From: Eric Smith [mailto:esmith@copconstruction.com] Sent: Tuesday, July 7, 2020 2:42 PM To: Revis, Coralynn <Coralynn.Revis@hdrinc.com> Subject: Davis Schedule CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Cora, I have updated COP’s project schedule for the Davis Lift Station Project. With the concerns that I have expressed relating to delays due to Covid-19 the completion time for the project is going to be hard to do within the original contract time. During the bidding of the project it was anticipated that the micro tunnel work could run concurrently DocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 2 with the project. With the project bidding on 4/15/20 the effects of the Covid-19 shutdowns were unknown on how it would affect all material deliveries. The micro tunnel sub-contractor which was used in both bids submitted for the project stated to COP during bid time that casing pipe had a lead time of 8 weeks. As of 7/7/20 the pipe has now pushed another 8 weeks to make a total lead time of 16 weeks following approved submittals. The lead time of the pipe has pushed the micro tunnel into a time of the year which they cannot complete the project due to below freezing temperatures. Also, please see the below email from Primoris stating problems due to restricted international travel and crews not being able to travel to complete the project until further notice. With delaying the start of the project this year to allow for time to be made up it will impact the original project schedule as all surface restoration will not be able to be completed and additional costs would be incurred if temporary surfacing was required. COP is not proposing adding any additional costs to the project due to the delays however adding contract time. COP and all the subcontractors involved have devoted a large portion of their schedules to this project this year as the contract sets specific start dates to imply construction is to begin 30 days following award. We are diligently trying to get updates on delivery times of materials and submittals. However with companies throughout the United States having different restrictions the submittal process has been slowed. One remaining major concern is all electrical and control equipment. Vertex Electric is meeting with their suppliers today to review delivery times of submittal and materials. I will forward all correspondence relating to changes in lead times from subs as I receive it. Please let me know if you have any further questions as COP would like to try and keep the schedule of starting 7/20/20. Eric, When we received our quote from the Steel Casing supplier on April 07,2020. The lead time for the material was 8 weeks. By the time we received the contracts and issued a Letter of Intent to our supplier it was June 22, 2020. Because of impacts at both the Steel Pipe Fabrication Shop and Pipe Coating Shops because of COVID 19 the lead time has jumped to 16 weeks. We are also having issues with International Travel Restrictions. Our equipment for this project is manufactured in Germany. All the tunneling equipment to be used on this project is currently in use across various locations in the Continental United States. The cutter head for this project will be fabricated in German and shipped to our Equipment Yard in Corona, Ca. The typical process is for our mechanics and operators to tear down and replace components of the MTBM that need repair or replacements. The cutter head is then mounted on the MTBM and the entire system is tested and run for several days. The issue we are facing is we typically have a technician from the factory in German come with a new cutter head to make sure the cutter wheel and equipment are all in balance and runs correctly. With the international travel restrictions we no longer have that ability. This problem is not unique to this project. Not only can’t we have the factory folks come over from Germany our USA based MTS Consultant is currently stuck in Germany. We have been working with the Department of Commerce and the German Consulate in Los Angeles to get some of the folks back to the States. I currently have a lead engineer and three tunnel operators banned from travel. · Andreas Thiele MTS Perforator USA Consultant ( MTS Perforator MTBM Manufacturer) is a Germany National was in Germany for sons birthday and is now currently prohibited from travel to the US · Steffen Dammsch Microtunnel Machine Operator is a Germany National in Germany and is now currently prohibited from travel to the US · Alexey Belogurov Microtunnel Machine Operator is a Germany National in Germany and is now currently prohibited from travel to the US · Polakov Gennadi Microtunnel Machine Operator is a Germany National in Germany and is now currently prohibited from travel to the US We have US based operators and mechanics all working to fill the gaps on all of our various ongoing projects and upcoming projects. However, the Covid 19 Travel Restrictions from Europe DocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 3 is impacting our operations and project schedule. I will keep you in the loop on any updated as we navigate our way through the process with the Department of Commerce and the German Consulate. Steve Barry Primoris Services Corporation 2130 La Mirada Drive Vista, CA 92081 858-550-1460 – Office 858-550-1470 – Fax 949-316-5929 – Cell Sbarry@prim.com - Email www.prim.com "No business objective is so important that it will be pursued at the sacrifice of safety." Thanks, Eric Smith Project Manager COP Construction LLC 242 S. 64th St. West Billings, MT 59106 P: 406.656.4632 | C: 406.850.8274 esmith@copconstruction.com www.copconstruction.com Commitment - Opportunity – People CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. DocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 1 Eric Smith From:Eric Smith Sent:Wednesday, July 1, 2020 10:06 AM To:Revis, Coralynn Cc:Sam Bower Subject:Davis Schedule Cora, Per our conversation COP is requesting an extension of contract time due to material delivery delays and how it affects our subcontractors schedules on the project. Many delays such as the micro tunnel casing delivery being 12 weeks out after an approved submittal would push the start so late in the year that the sub is not able to tunnel due to winter conditions. The micro tunnel anticipated start would then be pushed until early April with approximately 10 weeks scheduled for the micro tunnel to be completed. Then the remainder of utility work in the tunnel for COP would push the schedule past the original contract time. Also, the controls and the generator are showing a 6 month lead time after approved submittals. With the large delivery delays it has made it so that we can not run many activities concurrently in our schedule therefore the project schedule would run over the original contract time. COP would like to start the project 7/20/20 to allow for the majority of the utility work to be installed before the end of the 2020 construction season. With using this approach it will allow for restoration to be completed this year on the majority of the project along with moving the project completion date up from the end of next year or early 2022 to the middle of summer 2021. With COP beginning this year a winter shutdown would not be very significant once winter sets in the focus would be inside the lift station building and getting all finish work completed and electrical work done to allow for the crafts to minimize delays due to unforeseen conditions later in the project. The majority of the delays relate to the Covid-19 and that they have pushed many suppliers delivery dates out much longer than anticipated during bidding. COP is not asking for any additional payment due to the extension. However would like to come to an agreement on how we can complete the project at the earliest date possible without having the project suffer liquidated damages. Please let me know if you have any questions. Thanks, Eric Smith Project Manager COP Construction LLC 242 S. 64th St. West Billings, MT 59106 P: 406.656.4632 | C: 406.850.8274 esmith@copconstruction.com www.copconstruction.com Commitment - Opportunity – People CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. DocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 1 Eric Smith From:Eric Smith Sent:Tuesday, June 30, 2020 11:43 AM To:Revis, Coralynn; Sam Bower Cc:Grover, Ted Subject:RE: Pre-Con Cora, We could do a meeting late next week. However before we issue a notice to proceed I want to make sure we are able to have critical submittals approved and materials ordered. Please let me know what your thoughts are on the meeting. If we can get everything moved along we would like to start construction 7/20/20. Thanks, Eric Smith Project Manager COP Construction LLC 242 S. 64th St. West Billings, MT 59106 P: 406.656.4632 | C: 406.850.8274 esmith@copconstruction.com www.copconstruction.com Commitment - Opportunity – People CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Revis, Coralynn <Coralynn.Revis@hdrinc.com> Sent: Tuesday, June 30, 2020 11:10 AM To: Eric Smith <esmith@copconstruction.com>; Sam Bower <sbower@copconstruction.com> Cc: Grover, Ted <Theodore.Grover@hdrinc.com> Subject: Pre-Con WARNING: PLEASE USE CAUTION. THIS EMAIL ORIGINATED FROM OUTSIDE THE COP CONSTRUCTION ORGANIZATION. Eric/Sam, I got direction from the City that we can go ahead and schedule the PreConstruction Conference now. They will require that it’s hosted online via Webex given the number of folks attending. Do you have a preference on dates/times? Thank you, Cora DocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 1 Eric Smith From:Eric Smith Sent:Tuesday, June 30, 2020 11:42 AM To:Revis, Coralynn Cc:Grover, Ted; Sam Bower Subject:RE: Davis Schedule Cora, We would plan on working on the project throughout the winter with a minimal shutdown. This would make it so that we would need an extension of contract time for the micro tunnel and tie in work though. Thanks, Eric Smith Project Manager COP Construction LLC 242 S. 64th St. West Billings, MT 59106 P: 406.656.4632 | C: 406.850.8274 esmith@copconstruction.com www.copconstruction.com Commitment - Opportunity – People CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Revis, Coralynn <Coralynn.Revis@hdrinc.com> Sent: Tuesday, June 30, 2020 10:55 AM To: Eric Smith <esmith@copconstruction.com> Cc: Grover, Ted <Theodore.Grover@hdrinc.com>; Sam Bower <sbower@copconstruction.com> Subject: RE: Davis Schedule WARNING: PLEASE USE CAUTION. THIS EMAIL ORIGINATED FROM OUTSIDE THE COP CONSTRUCTION ORGANIZATION. Eric, I followed up with Bob again, we’re good with the extended schedule and a winter shut down and then coming back next spring. Do you think you need additional time in addition to the winter shut down (i.e., do you plan to work on stuff through the winter also?). Also, I’m fairly certain that the building move will be just fine, but we have to run it past the planning department for changes- they might require another tree or two, but I can’t imagine they would care otherwise. DocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 2 Thank you, Cora Coralynn Revis, PE D 406.532.2219 hdrinc.com/follow-us From: Eric Smith [mailto:esmith@copconstruction.com] Sent: Tuesday, June 30, 2020 8:04 AM To: Revis, Coralynn <Coralynn.Revis@hdrinc.com> Cc: Grover, Ted <Theodore.Grover@hdrinc.com>; Sam Bower <sbower@copconstruction.com> Subject: Davis Schedule CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Cora, I would just like to follow up on the conversation had about the added contract time. Right now the micro tunnel subcontractor is saying that they will not be able to start due to winter weather conditions until the end of April. Once they begin they believe that they can complete all of there work within 10 weeks. This would then leave the installation and tie ins of pipe for COP to complete after the tunnel is installed. We would still like to try and start this project this year as of 7/20/20 to complete everything besides the micro tunnel. However we would like to come to a mutual agreement about the schedule before we have a definite start date to allow for the project to be completed without liquidated damages. Also one item still hanging out there that we would like to get finalized is the building move. Can you please give me an update on the status of the RFI associated with that. Thanks, Eric Smith Project Manager COP Construction LLC 242 S. 64th St. West Billings, MT 59106 P: 406.656.4632 | C: 406.850.8274 esmith@copconstruction.com www.copconstruction.com Commitment - Opportunity – People CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. DocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 1 Eric Smith From:Sam Bower Sent:Monday, June 15, 2020 11:02 AM To:Grover, Ted; Eric Smith Subject:20106 Davis Lift Station Schedule Attachments:20106 Davis Lift Station 061520.pdf Ted, Attached is our current schedule showing the estimated completion date of April 4, 2021 for the buildings and May 7, 2021 for the microtunnel. If we shift the building 30 feet east we would be able to build the lift station and wet well concurrently. The shift would also allow the lift station to be constructed out of the impacted zone of the wet well and we would be able to start on the lift station sooner and potentially minimize cold weather concrete pours. Due to the submittal process and long lead times on materials, the microtunnel will not start prior to the October 15 cutoff point for work in this region. As a result, it is pushed out to next spring. The microtunnel contractor is currently saying they wouldn’t be able to start until after Easter. As a solution, COP is suggesting we complete as much work as we can during the 2020 construction season and leave the microtunnel to be completed next spring. This would require an extension of contract time to allow for the microtunnel work to begin next April which would be past the estimated March 16 finish date. Please let me know if you have an questions regarding our schedule. Thank you, Sam Bower Project Engineer COP Construction LLC 242 S. 64th St. West Billings, MT 59106 P: 406.656.4632 | C: 406.697.1397 | F: 406.656.4808 E: sbower@copconstruction.com W: www.copconstruction.com Commitment - Opportunity – People CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. DocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 Job No. Date: 40 Hr Week 45 Hr Week 50 Hr Week 55 Hr Week 60 Hr Week Hours Rate Hours 10 $76.40 $764.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $764.00 $0.00 $764.00 Hrs Wkd Cost / Rate Total Hrs Wkd Cost / Rate Total 10.0 $207.12 $2,071.20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,071.20 %$0.00 % $2,071.20 $0.00 $0.00 $0.00 $0.00 $2,071.20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 COP EQUIPMENT - MARKUP INCLUDED RENTAL EQUIPMENT - MARKUP INCLUDED $0.00 Description $0.00 Subtotal Labor Subtotal Labor Total Labor Description $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Matt Wells Superintendent $764.00 $0.00 $0.00 The information contained here-in shall represent the work performed on the date noted. COP Construction LLC reserves the right to include overlooked expenses before final invoice. Labor rates based on composite week hours as marked: LABOR USED - MARKUP INCLUDED Name Classification Straight or Blended Total St. Time Overtime Total Overtime TOTAL Rate Page 1/2 DAILY FORCE ACCOUNT/BACKCHARGE/EXTRA WORK REPORT 20106 Job Name/Location:Davis Lift Station EQUAL OPPORTUNITY EMPLOYER Describe Work Perfomed: Additional Costs for Covid Delays Crane Sales Tax if Applicable Subtotal COP Equipment Sales Tax if Applicable Subtotal Prior to Sales Tax Subtotal Prior to Sales Tax Subtotal Rental Equipment TOTAL EQUIPMENT COPFORM OM10-10 - Daily Force Account/Back Charge/Extra Work Report, Rev. 03/02/2011 DocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 U of M Cost / Rate % U of M Cost / Rate Units U of M Cost / Rate Total U of M Cost / Rate Total 1 ea $100.00 $100.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $100.00 15 % 5 % 3 % Equipment Signature of Project Representative Signature of COP Construction Representative Grand Total $3,023.26 $0.00 $0.00 $0.00 Materials Subcontractor General Conditions Construction Time Affected : Yes No Notes on Contract Time: Total General Conditions $100.00 SUMMARY Labor $0.00 $0.00 $0.00 Subtotal General Conditions Subtotal General Conditions $0.00 Bonus (if applies) Office Rent Site Security $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Itemize Completely Small Tools Fuel Storage Sanitary Facillities Dumpster Units $0.00 GENERAL CONDITIONS (Markup Included When Contract Allows) $0.00 $0.00 $0.00 $0.00 $0.00 SUBCONTRACTORS - WITHOUT MARKUP $0.00 $0.00 $0.00 $0.00 $0.00 Units $0.00 $0.00 Total $0.00 $0.00 $0.00 $0.00 Total $0.00 UnitsItemize Completely $0.00 Sales Tax if Applicable Subtotal Prior to Sales Tax $0.00 $0.00 $100.00 Per Diem - Salary Per Diem - Hourly Safety Training Employment Expenses Safety Equip. & Supplies Total Subcontractors $0.00 $0.00 $0.00 Itemize Completely Total Materials / Expenses $764.00 $2,071.20 MATERIALS USED / EXPENSES - WITHOUT MARKUP Itemize Completely Page 2/2 DAILY FORCE ACCOUNT/BACKCHARGE/EXTRA WORK REPORT Phone Service Units $2,935.20 Add Markup - Material Add Markup - Subcontractor Add Gross Receipts Tax, Bonds & Insurance $2,935.20 $88.06 Subtotal **Gross Receipts Tax is included if applicable in your State. Subtotal COPFORM OM10-10 - Daily Force Account/Back Charge/Extra Work Report, Rev. 03/02/2011 DocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 hdrinc.com HDR Engineering 2150 Analysis Drive, Suite A Bozeman, MT 59718 April 19, 2021 Mr. Eric Smith COP Construction LLC 242 South 64th Street West Billings, MT 59106 Eric, This letter is in response to COP’s April 2nd, 2021 letter pertaining to scheduling for the Davis Lane Lift Station and Norton Ranch Outfall Sewer Project. In the letter, COP restates their position regarding COVID-19 scheduling delays on the microtunneling portion of the project, and requests additional contract time and reimbursements to complete the project. COP states they are incurring $3,023.26 per day in additional costs due to the resultant delay in work. This cost includes $2,071.20 for a crane and $764.00 for labor. This was the first mention by COP of additional project costs. COP requests that all days of work above the 54 remaining contract days be reimbursed to COP. Section 4.05.C of the General Conditions states that: If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Such an adjustment will be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Section 4.05.C.1 lists epidemics as a cause of delay which may give rise to an adjustment in contract times under the above paragraph. The General Conditions explicitly state that an adjustment in contract time (and not cost) will be Contractor’s sole and exclusive remedy for any delays resulting from epidemics such as COVID-19. As such, any and all requests for an adjustment in contract price as a result of COVID-19 delays, including the $3,023.26 per day requested by COP in their April 2nd letter, are rejected. Section 4.05.E.4 of the General Conditions states that any Contractor seeking an increase in Contract Times must be supplemented by, “The number of days’ increase in Contract Time claimed as a consequence of each such cause of delay, disruption, or interference”. COP has not requested an explicit increase in the number of contract days in their DocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 hdrinc.com HDR Engineering 2150 Analysis Drive, Suite A Bozeman, MT 59718 correspondence to the City regarding the microtunneling delays. COP’s original schedule showed a start date of 6/1/2020 and a completion date of 1/26/2021, a timespan equal to 240 calendar days. Since the microtunneling delays became apparent, COP’s updated schedules have consistently shown a project start date of 7/20/2020 and a project completion date of 7/7/2021. Change Order No. 2 increased the contract time by seven days, and CPR No. 17 increased the contract time by one day. As a result of these changes, the current Contract Time consists of 248 calendar days. A winter shutdown was taken beginning January 29th, 2021, and work resumed on April 2nd, 2021. As of January 29th, 194 calendar days of contract time had been used, leaving 54 calendar days to complete the project when work resumed on April 2nd, 2021. Based on COP’s projected completion date of 7/7/2021, 97 calendar days are required to complete the project, an increase of 43 calendar days from current remaining Contract Time. In an initial response to COP, dated July 14th, 2020, it was suggested that COP proceed with the project until the wet well deck pour was complete, and then commence a winter shutdown until microtunneling work could begin. All remaining project work could then be finished concurrently with the microtunneling, allowing for the project to be completed within the 240 calendar day contract period, or close to it. As previously stated, COP did decide to take a winter shutdown on 1/29/2021 after the wet well lid was poured, but the pour date of 1/27/2021 was much later than the originally shown pour date of 12/28/2020 shown on the September, October and November schedules (Schedule ID 1190). This delay in pouring the wet well lid is largely attributed to the wet well foundation concrete strength deficiencies, which halted major progress on the wet well construction until it was clear that the concrete would reach adequate strength requirements. Had the lid been poured on 12/28/2020 and a winter shutdown been commenced thereafter, 86 calendar days of contract time would have remained to finish the project (using the adjusted time of 248 calendar days). COP’s adjusted schedules have shown 94 calendar days of work required to finish the project from the time microtunneling work commences on 4/5/2021 to the completion of startup on 7/7/2021. This overrun of eight calendar days is much less than the current projected overrun of 43 calendar days. Additionally, COP left the project site for a holiday break beginning on 12/23/2021 without invoking any shutdown or formal stoppage of work. COP returned to the site on 1/4/2021. Had COP requested a shutdown for the holidays, one would have been granted by the City. Consequently, the City will provide these 12 calendar days back to COP. DocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34 hdrinc.com HDR Engineering 2150 Analysis Drive, Suite A Bozeman, MT 59718 In summary, the additional costs are rejected in full and the allowance of an additional 20 calendar days is appropriate, eight days for the microtunneling delays and twelve days for the time that COP left the site on a holiday break. Sincerely, Coralynn Revis, P.E. Project Manager cc. Bob Murray, P.E., City of Bozeman Tim Pirtz, P.E., Sanderson Stewart DocuSign Envelope ID: 9CA13A87-8E80-4BE8-B04E-1ED722999A34