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ST0001-CS020107T H E C I T Y O F January 7, 2002 Philip Bennett Infrastructure Services, Inc. P.O. Box 4964478 Garland, TX 75049-6448 RE: Creekview Drive Extension ST 00-01 Dear Mr. Bennett: I am in receipt of two letters dated November 29th, and December 1 lth, 2001 concerning cancelled work due to rain on the referenced project. I am unsure if these letters are requesting additional time be added to the project, however, please be advised that no additional time can be added to the project unless certain criteria is met. The specifications for time extensions on the project refer to Section 1.36 of the North Central Texas Council of Governments Standard Specifications for Public Works Construction with a local amendment identified in Section 3, Standard Specifications Supplemental Conditions of the contract documents. The NCTCOG Specifications clearly state that any request for extension of time must be submitted within seven days from and after the event and that the items to be considered for adjusting contract time should include inability to obtain supplies or materials, acts of God or the public enemy, acts of the owner, fires, floods, epidemics, quarantines, restrictions, strikes, freight embargoes, unusually severe weather conditions or delays of subcontractors. The local amendment identified on page 3-6 of the Standard Specifications Supplemental Conditions states that no extension of the contract time shall be allowed unless the contractor can demonstrate the delay caused an adverse impact to the critical path and that loss of time cannot be made-up by revising the sequence of the work of the project. This project was bid with calendar days. Also, the calendar days were set by you, the contractor, not by the City of Coppell. In evaluating this project, you indicated that considering the mount of work and the time of year that it would take approximately 150 calendar days to complete this work. A calendar day is defined as any successive days of the week or the month, no days being excepted. To request an extension of time due to rain generally does not fall under the criteria for extension per Item 1.36 of the Council of Govemments Specifications. Rain would typically fall under unusually severe weather conditions. However, I find it difficult to establish that four days of rain in the last five weeks of the year in the middle of winter is an unusually severe weather condition. If anything, we have had unusually good weather during this winter. I have evaluated information submitted on your timeline for the project, however, no information has been submitted pertaining to the critical path items along your timeline. Prior to considering any increase in time on this project, you should submit a timeline with critical path items denoted showing that there is no way to adjust the work and/or revise the sequence of the work to compensate for the four days of rain that you mentioned in November and December. Based on the November 29th and December 11th, 2001 letters and the Specifications from the Council of Govemment and the Contract Documents, no extension of time is currently being considered for this project. If you wish to pursue this further, as previously stated, you should submit a critical path timeline showing that the time cannot be made up by re-sequencing the work. If you should have any questions or need additional information please feel free to contact this office. Sincerely, Kenneth M. Griffin, P.E. Director of Engineering & Public Works CC: Christian Schnitger, Schrickle Rollins Suzan Taylor, CIP Coordinator Larry Davis, Construction Inspector