REA Final - 22 Dec 20 - eBook - 1682 pages

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Skanska/Walsh Joint Venture LaGuardia Airport Hangar 5A Runway Drive Flushing, NY 11371

May 8, 2020

Andee Hidalgo Spearhead Construction, LLC PO Box 575 Fort Montgomery, NY 10922

Via Procore: andee@spearheadcx.com

RE: LaGuardia Airport Central Terminal Building Replacement Project (the “ Project ”); Subcontract No. 620-027 (the “ Subcontract ”) between Skanska/Walsh Joint Venture (“ SWJV ”) and Spearhead Construction LLC (“ Spearhead ); Reply to Spearhead response concerning Credit COR #21 – Back of House Work.

Ms. Hidalgo:

I am in receipt of your letter dated May 1, 2020 in response to the SWJV denial 1 of your proposal, described as Change Order Requested dated January 27, 2020. Your assertions, made without proof or reason, are simply not true and the conclusions drawn from these assertions is not an honest assessment of SWJV management of the Project. 2 SWJV has been fair to Spearhead and has treated Spearhead as a professional organization throughout the course of your performance, and will continue to do so. SWJV did not allege that Spearhead’s bid was “severely low”, and your assertion to the contrary is factually inaccurate and dishonest. Your subsequent accusation that SWJV is not abiding by the Port Authority’s MWBE requirements lacks any substantiation and is completely without merit. SWJV continues to follow the MWBE program as it relates to the requirements of this Project.

To reiterate, at issue is your proposal. SWJV does not accept your proposal because it is not entirely accurate by failing, among other things, to include other items of work as well as overhead and profit.

Furthermore, your work is not actually complete because there is work remaining to be done. Your conclusion that the work is complete is not correct.

The values deducted from the Schedule of Values were values that Spearhead once again included in their estimate, such as Project management, Project engineering, the second superintendent to run the work that Spearhead said they could not do without, Safety Training (SWJV issued Subcontract Change Order No. 002 which covered the costs of all safety training), Schedule management. Importantly, Spearhead did not provide any plan for the build out of the feature wall and banana boat ceiling, which was the most difficult portion of the BOH work, Equipment, Operating engineer, etc. These values were set up by

1 PBB-10385-200429-Resp to Spearhead Credit CO Req No. 21 – BOH Work.pdf 2 Recall that you were previously noticed of delays at the Project, see PBB-9807-200116-Notice of Delays and for Recovery Plan to Spearhead.pdf.

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PBB-10412-200508-Reply to Spearhead response concerning Credit COR #21 – Back of House Work

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