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008 , f PAGGI & MARTIN Consulting Engineers & Land Surveyors DO'l 54-56 Main Street Poughkeepsie, New York 12601 9 1 4-47 1 - 7898 July 20, 1994 Town Board Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Reference: Wappinger Sewer Transmission/Treatment Improvement Area Change Order No.9 - Cased Crossing No.1 SRF Project No. 5306-01 Paggi & Martin Job No. 89-077/1.1 Dear Board Members: Pillari Bros. Contracting Co., Inc., contractors for Phase 1, Contract No.1 for the Wappinger Sewer Transmission/Treatment Improvement Area encountered unforeseen field conditions, during the construction of Cased Crossing No.1, Route 90. The conditions ranged from more rock then anticipated by the Boring Logs, extreme hardness of the rock encountered and costly construction requirements imposed by Central Hudson Gas & Electric. I have listed below a synopsis of the history and related correspondence: SEPTEMBER 8. 1993: A project meeting was held between this office, New York State Department of Transportation (N.Y.S.D.O.T.) and Pillari Bros. Contracting Co. Numerous items were discussed including blasting within Cased Crossing No.1. Herb Litts from the local region office of the N.Y.S.D.O.T. stated that blasting maybe permitted if Pillari Bros. would detail their construction method (ie: drill pattern, loading pattern and pounds per delay). SEPTEMBER 14. 1993: A second meeting was held regarding blasting within the cased crossing. In attendance were Pillari Bros., N.Y.S.D.O.T., AT & T, Supervisor Constance Smith, Joseph Paggi, Jr., P.E., and myself. Central Hudson Gas & Electric (C.H.G. & E.) were invited, but did not attend. Michael Verling from the Albany, N.Y.S.D.O.T. was satisfied with Pillari's construction method and would allow blasting upon hearing from C.H.G. & E. Joseph E. Paggi,Jr., P.E. Ernst Martin, Jr., P.F.., L.S. @ printed on recycled paper " July 20, 1994 Page Two Town Board Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Reference: Wappinger Sewer Transmission/Treatment Improvement Area Change Order No.9 - Cased Crossing No.1 SRF Project No. 5306-01 Paggi & Martin Job No. 89-077/1.1 SEPTEMBER 20. 1993: A third meeting was held regarding blasting. Several representative from C.H.G.& E. attended along with Pillari Bros, N.Y.S.D.O.T., Joseph Paggi, Jr., P.E., Supervisor Constance O. Smith, and myself. C.H.G. & E. stated that they were opposed to blasting unless additional precautions were taken, but at this time they did not know what additional steps would be required. SEPTEMBER 29. 1993: A fourth meeting was held regarding their requirements for blasting under their gas main. Upon review of C.H.G. & E. conditions, Pillari Bros. felt that this was an impractical construction method, and extremely costly. First, C.H.G. & E. bill for daily inspection and flame ionization survey would run about $40,000.00. Secondly, Pillari's cost to expose and support the gas main daily would run around' $70,500.00. Third, exposing the main daily, greatly increased the risk of breakage to the main. Pillari decided to jackhammer the rock within the casing. NOVEMBER 1993: Pillari started the cased crossing, jackhammering the rock. Production was 6 inches to 1 foot per day, due to the extreme hardness of the rock. After fourteen (14) weeks of continuous work, the crossing was complete. MAY 27.1994: I received a letter from Pillari Bros. asking for additional compensation for unforeseen conditions encountered in Case Crossing No.1 ($169,896.02). July 20, 1994 Page Three Town Board Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Reference: Wappinger Sewer Transmission/Treatment Improvement Area Change Order No. 9 - Cased Crossing No. 1 SRF Project No. 5306-01 Paggi & Martin Job No. 89-077/1.1 This office has reviewed the submitted bill and find the following amount to be justified ($105,000.00): Total Direct Cost. . . . . $201,250.00 Less Bid Price. . . . . . - 70,000.00 Less Rock Paid. . . . . . - 26.250.00 $105,000.00 It is the opinion of this office that Pillari Bros. Contracting Co. is entitled to this additional payment for the incurred cost above the contract at Cased Crossing No.1 If you have any questions or comments, please do not hesitate to contact this office. Thank you for your time and consideration in this matter. Very truly yours, JFB:law cc: Albert P. Roberts, Esq. Lou Pillari Mariangela Chiaravalloti, Esq. , , I PILLARI BROS. CONTRACTING CO., INC. (908) 938-4550 Fax (908)938-3198 SQUANKUM-YELLOWBROOK ROAD PO. BOX 727 FARMINGDALE, NEW JERSEY 07727 "I 1 May 27, 1994 JUN - 3 1994 PAGGI & MAR1,U,l Jim Bedore Paggi & Martin Engineers & Surveyors 54-56 Main Street Poughkeepsie, NY 12601 Re: Wappinger Sewer Transmission/Treatment Improvement Area, Phase I, Contract #1 Supplementary Work Analysis 9304-A Dates: November 3, 1993 continuous to February 5, 1994 Location: New York State Highway Route 9-D, Wappingers Falls Descri ption: With reference to cased crossing at Route 9-D our work unexpectedly discovered after the commencement of the work within the crossing that the actual soil/ground conditions varied substantially from the boring information provided on the construction plans. The material encountered by our work force was solid bedrock within and throughout the entire cased crossing, and in portions of the receiving and jacking pits. This solid bedrock also continued to limits 2 feet above the 60 inch steel casing. However, as indicated and provided on the attached enclosure which is a part of the contract plans and documents, boring tl57 & #58 clearly indicates the conditions to be found, and the anticipated rock elevation. It is apparent that these As - Bid conditions are greatly and severely differing than those physically field encountered, thus creating a changed condition that was unforeseen and therefore could not have been anticipated. Using the information provided in the bid documents as a basis, Pillari formulated its method of construction in accordance with section 7.01-4 of the contract specifications, which was to jack bore. Since the estimated amount of rock (50 c.y.) to be encountered throughout all 3 bored cased crossings was insignificant as anticipated from the information supplied in the contract documents, it was concluded and anticipated that the boulders and/or rock encountered would be removed as the boring operation was in process, in the same manner as the Route 9 and Meyers Corners case crossing were constructed. However, since solid rock was encountered throughout the entire Route 9-D cased crossing our work force was unable to employ the As - Bid method of construction. Paggi & Martin Engineers & Surveyors May 27t 1994 page 2 ConsequentlYt as a result of the fieid conditions encountered our only alternative was to employ the chipping method for the entire cased crossingt thus creating our work force and construction operations to suffer and incur substantial lost time and additional expenses to employ this unanticipated method. In shortt Pillari did not bid this project nor anticipate to chip the entire Route 9-D cased crossing. As indicated hereint these unforeseent unanticipated and changed conditions created hardship for Pillari and ultimately impacted the production and associated operations for the construction of the Route 9-D cased crossing. SubsequentlYt as a direct result of the unforeseen conditions and circumstances our work force and construction operations have incurred severe supplemental costs. Thereforet the following supplemental cost analysis has been prepared for your review and compensation. Total Direct & Indirect Cost incurred to construct cased crossing at Route 9D: Labor: Total Total Position/Description Rate Man Hrs. Amount Pipe Foreman 33.38 130 $ 4t339.40 Labor Steward 32.57 523 17 t 034. 11 Pipe Layer (2ea.) 32.70 86 2t812.20 Common Laborer 32.03 43 lt377.29 Crane Operator 47.27 120 5t672.40 Backhoe Operator 47.27 100 4t727.00 Loader Operator 45.12 48 2.165.76 Total Labor: $ 38 t 128. 16 Materials: 60" dia. steel casing: 36" dia. Hobas pipe: 3/4" clean stone: 3500 psi concrete: Miscellaneous lumber: 3/8" pea gravel: 67 L.F. 93 L.F. 48 Ton 6 C.Y. 1 L.S. 51 Ton @ @ @ @ @ @ 111.00 63.00 10.25 61.50 16.50 $ 7t437.00 5t859.oo 492.00 369.00 485.00 841.50 Total Material: $ 15t483.50 Subcontractor: R. Milani & Sons: Labort Materialst Equipmentt Rentalst Miscellaneous & Incedentals) $ 92.707. 10 Total Subcontractor: $ 92t707.10 Paggi & Martin Engineers & Surveyors May 27, 1994 page3 Equipment: Total Total Rate Hrs. Amount 174.15 100 $ 17,415.00 71.52 43 3,075.36 15.90 544 8,649.60 11.25 568 6,390.00 6.50 544 3,536.00 8.05 2 , 168 17,452.40 2.35 4,336 10,189.60 N/A N/A 520.00 11.50 130 1,495.00 12.50 130 1.625.00 Total Equipment: $ 70,347.96 Type/Description CAT 2350 Excavator: CAT 950F II Wheel Loader w/side dump attached: 12' x 26' steel sheeting/shoring box: 10' x 12' steel sheeting/shoring box: 1" steel sheeting & plates: 17 k.w. diesel generator: 3" electric submersible pumps & hoses (2 ea. 24 hr. continuous operation): Traffic control, safety devices & signs: pick-up truck: Miscellaneous small tools: Total direct cost: Overhead & profit of 15% on labor, material & equipment: Overhead & profit of 5% on subcontractor: Total cost incurred to construct cased crossing at Rt. 9-0: Less bid amount: Total amount of supplementary work to construct cased crossing at Rt. 9-0: $ 216,666.72 18,593.94 4.635.36 $ 239,896.02 70.000.00 $ 169,896.02 --------- ------------