Change Order No. 1 - Majority Builders - Marriott Hotel Site Development at Hall of Fame, Phase 1

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Rich Estes From: mtflick33@gmail.com on behalf of Matt Flick <matt@ majoritybuilders.com > Sent: Monday, September 12, 2016 1:14 PM To: Rich Estes Cc: Toy Villa; Steve Fletcher (sfletcher@dlz.com); Patrick C. Kerr; Paul Lloyd Subject: Re: Marriott Site Development Delay Claim Hi Rich, Thanks for getting back with me. I have discussed this with my office and reviewed the options. We do feel that the claim for additional general conditions costs is justified and that claim is not excluded or clarified to the contrary within the contract documents. However, I discussed with our office that the City has been very good to work with regarding getting information to us quickly, being flexible and working with us on finding solutions all through this project. I proposed to our office that we not pursue the request for additional costs incurred by project delays. It's my opinion that we (City of SB and Majority) have been a good team and this is one of those items that we can offer flexibility with to help the project given some of the unforeseen costs with the buried debris. I would respectfully ask only that we would be given that same consideration if other issues arise which may extend the duration a little over the contract completion date, offering flexibility in assignment of liquidated damages. If that seems fair to you, we will then only ask for the prior stated addition of time duration without claim for additional costs. Please let me know if this works... Matt On Mon, Sep 12, 2016 at 9:11 AM, Rich Estes <restesksouthbendin.gov> wrote: Matt, After discussing the delay claim with the Board of Public Works Legal Counsel, I have been advised that it is the city's position that compensation pursuant to the delay is not warranted. The decision on granting the time extension has been tabled until such an agreement is made, or if other action is taken. If Majority would like to present further on the proposed justifications for the additional compensation requested, please let me know and I will request this discussion to be placed on the next Board of Public Works Meeting Agenda. Please feel free to contact me should you have any questions.