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  • E.E. Cruz & Company, Inc. v. Starr Surplus Lines Insurance CompanyCommercial - Insurance document preview
  • E.E. Cruz & Company, Inc. v. Starr Surplus Lines Insurance CompanyCommercial - Insurance document preview
  • E.E. Cruz & Company, Inc. v. Starr Surplus Lines Insurance CompanyCommercial - Insurance document preview
  • E.E. Cruz & Company, Inc. v. Starr Surplus Lines Insurance CompanyCommercial - Insurance document preview
  • E.E. Cruz & Company, Inc. v. Starr Surplus Lines Insurance CompanyCommercial - Insurance document preview
  • E.E. Cruz & Company, Inc. v. Starr Surplus Lines Insurance CompanyCommercial - Insurance document preview
  • E.E. Cruz & Company, Inc. v. Starr Surplus Lines Insurance CompanyCommercial - Insurance document preview
  • E.E. Cruz & Company, Inc. v. Starr Surplus Lines Insurance CompanyCommercial - Insurance document preview
						
                                

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FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 10/28/2022 EXHIBIT 7 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 10/28/2022 D900036-Three Bridges Replacement / Region 8 Update 17 CON1RACTORS / ENGINEERS D900036 - Three Bridges Replacement / Region 8 Update 17 -Narrative Data Date: March 1, 2019 Submittal Date: March 21, 2019 East 3 Street Briclge Open to Traffic 0 EECRUZ007397 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 10/28/2022 D900036-Three Bridges Replacement / Region 8 IERUZ- Update 17 Table of Contents Section 1: Execution of Work................................................................................................................2 Section 2: Schedule Resources and Calendars....................................................................................5 Section 3: Schedule Progression and Development.............................................................................6 Section 3a: Forecasted Completion Date........................................................................................6 Section 3b: Logic Changes and Schedule Development...............................................................14 Section 3c: Activities Not Started or Completed as Scheduled .....................................................18 Section 4: Schedule Risks..................................................................................................................19 Section 4a: Potential Schedule Risks and Opportunities...............................................................19 Section 4b: Schedule Delays........................................................................................................19 Section 4c: Proposed Corrective Action Plan/Recovery Plan........................................................22 Section 5: Critical Path.......................................................................................................................22 Section 6: Schedule Previous Update Comments .............................................................................27 Section 7: Status of Design-Build Services.........................................................................................27 Section 7a: Status of Design Services..........................................................................................27 Section 7b: Status of Construction Services.................................................................................28 Section 7c: Status of Procurement Services.................................................................................28 Section 8: Activity Codes and WBS Structure.....................................................................................28 Narrative Appendix Narrative Appendix 1: Schedule Activities Attached Narrative Appendix 2: Longest Path/Critical Path Attached Narrative Appendix 3: Longest Path/Critical Path to Bridge 719 Attached Narrative Appendix 4: Longest Path/Critical Path to Bridge 739 Attached 3rd Narrative Appendix 5: Longest Path/Critical Path to Street Bridge Attached Narrative Appendix 6: Progressed Schedule Activities Attached Narrative Appendix 7: Logic Changes Attached Narrative Appendix 8: Schedule Log Attached 1 EECRUZ007398 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 10/28/2022 D900036 - Three Bridges Replacement Region 8 / -as BERUZ- Update 17 Section 1: Execution of Work General Data: Update Number: 17 Data Date: 3/1/2019 Project Duration: 513 CD NTP Date 7/11/2017 Project Completion Date 12/6/2018 Forecast Completion Date 6/21/2019 Variance to Completion Date -197 CD Bridge (050) 9 S 2018 2 19 2019 3/21 2019 -196 -30 RP (719) 8 3 2018 4 2 2019 5 2 2019 -272 -30 SMRP (739) 8 3 2018 4 2 2019 5 2 2019 -272 -30 Substantial Completion 10 16 2018 4 2 2019 5 2 2019 -197 -30 The project scope entails the full replacements of three bridges (BIN5500719, BIN5500739, and BIN5500050) including demolition of the existing structures and construction of the replacement bridges. Saw Mill River Parkway (SMRP) Saw Mill River Parkway (SMRP) will be constructed in four stages: Stage 1 Stage 1 entails preparation for the first traffic shift. Nightly lane closures will be used to remove the existing median guardrail and curb, and place temporary pavement for our trafficcrossovers. During this stage, temporary widening on the southbound side of the BIN 5500719 Bridge and temporary pavement along existing southbound SMRP will be done to help accommodate the required two lanes of traffic. Temporary and permanent drainage crossings of the southbound roadway willalso begin to be installed to facilitate the permanent drainage installed in Stage 2. Stage 2 Stage 2 construction will start on the northbound direction by placing trafficinto an interim head-to-head configuration along the existing southbound lanes. The northbound I-87 exit ramp will be temporarily closed in this stage. Demolition and construction will begin on the northbound halves of BIN 5500719 and BIN 5500739 bridges. A temporary GRES wall will be constructed along the SMRP from stations +/- 6' 526+50 to 538+50 to accommodate the difference in elevation from the new to existing roadways. The northbound I-87 exit ramp willbe closed during this stage to adjust the grades to the new elevated 2 EECRUZ007399 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 10/28/2022 D900036 - Three Bridges Replacement Region 8 / -wa BERUL- Update 17 a 2 roadway. Staging will occur at the north end of the site within NYSDOT right-of-way to avoid flood prone areas. Once construction of the two northbound halves of the structures is completed, the northbound SMRP will be brought to its final grade and paved with base and intermediate courses. Stage 3 Stage 3 begins with both directions of traffic shifting from the existing southbound lanes to the newly constructed northbound lanes. The northbound I-87 exit ramp will then reopen. Once traffic is in its second interim head-to-head configuration along the newly constructed northbound lanes, construction will begin on demolishing and constructing the southbound halves of BIN 5500719 and BIN 5500739. During this stage the southbound SMRP will be brought to its final grade and paved with base and intermediate courses. Material will be staged similarly to that during the construction of the northbound lanes. Stage 4 Stage 4 starts once construction of both the northbound and southbound halves of the structures and roadway is complete. Traffic will be shifted to the outer lanes of both directions of the roadway to allow for closure pours to occur at both bridges, bridge median barrier to get completed and restoration of the temporary median crossovers installed in Stage 1. Traffic willthen be placed into itsfinal configuration, allowing for the final lift of asphalt paving to occur utilizing night lane closures. East 3rd Street Bridge East 3rd Street Bridge requires four stages for construction: Stage 1 The firstactivities to occur during Stage 1 are the early utilityrelocations and the temporary alignment construction. There are two groups of utilityrelocations during this stage. The first group of utility 24" relocations entail relocating the Mt. Vernon sanitary sewer line, the Westchester County sewer, a portion of the flood wall that goes underneath the temporary bridge and the fire hydrant at the southeast corner of Hutchinson Avenue and East 3rd Street in order to construct the approaches to the temporary bridge. The second group of utility relocations that begin in this stage entail relocating the Consolidated 12" Edison (ConEd) gas line and electrical lines in order to have relocation occur outside of the ConEd no-work windows for both electrical and gas. Relocating the gas line prior to the seasonal window is critical to avoid having to leave the line,and therefore the bridge, in itsexisting location untilthe seasonal window liftsin April. Occurring concurrently with the utility relocation is the construction of the temporary bridge approaches from Hutchinson Avenue and Carol Avenue to the temporary East 3rd Street Bridge location. Once construction of the temporary approaches reaches itsapproximate final elevation, construction of the temporary bridge will begin. The temporary bridge willbe constructed at the western approach and be launched to land at the eastern approach. The temporary bridge willbe constructed and launched in segments during a weekend closure of the HRP. Once the temporary bridge is in place, relocation of the remaining utilities on to the temporary bridge will occur. After completing the temporary bridge approaches and paving, traffic will be switched to the temporary alignment and the existing 3rd Street Bridge will be closed. Stage 2 Stage 2 begins with demolition of the existing bridge, including stone removal and asbestos abatement. Demolition can only occur once all utilities have been removed and traffic has been placed onto the 3 EECRUZ007400 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 10/28/2022 D900036 - Three Bridges Replacement Region 8 / -wa BERUL- Update 17 temporary bridge. Demolition of the existing bridge will occur during weekend directional closures of the HRP. Removal of the existing East 3rd Street Bridge is the predecessor for work to begin along the HRP. Due to our ATC 2, work can begin prior to the removal of the existing structure, but ultimately we chose not to as itwould introduce additional staging along the HRP. Stage 3 Stage 3 can begin once traffic is on the temporary bridge and the existing bridge has been demolished. The proposed East 3rd Street Bridge will be constructed in a single phase using Accelerated Bridge Construction (ABC) methods. Once the bridge superstructure elements have been completed, the East 3rd Street Bridge roadway approaches and final relocations of the Verizon and Extenet utilitieswill be completed. With the final paving complete traffic will be switched to the new East 3rd Street Bridge. Staging for this site will use the southbound HRP Exit 10 ramp gore area, as well at the Wolfs Lane ramp area. Stage 4 Stage 4 starts once the East 3rd Street Bridge is complete and traffic is shifted to its final location. Removal of the temporary elements starts with the de-launching of the temporary superstructure, which will occur using a weekend closure of the HRP. Following the de-launch will be the removal of the temporary substructures, removal of the approaches, and the final grading of the site. Hutchinson River Parkway (HRP) Hutchinson River Parkway (HRP) will be constructed in four stages and will begin after Stage 2 of East 3rd Street Bridge sequencing. Stage 1 Stage 1 begins behind temporary barrier along the southbound shoulder of HRP with the scopes of 20" relocation of the Westchester County Sanitary line, relocation of the Hutchinson River, installation of the ATC 2 and installation of the storm drainage trunk line.Once the trunk line is non- floodwall, installed, peak hour lane closures will be used to install the drainage crossings. Lanes will be returned to their existing capacity during peak hours. Material will be stored behind barrier along the river and at the southbound HRP Exit 10 ramp gore. Stage 2 The next stage of HRP construction, Stage 2, is focused on construction of the median of the proposed HRP. Work begins in this stage when drainage and paving of the southbound shoulder is complete and can accommodate traffic to be relocated to it.Work in this stage includes demolition of the existing median, installation of the median drainage system and median barrier construction. Once the median barrier has been completed, milling and paving of the southbound roadway will commence under off-peak hour lane closures. Installation of the drainage laterals crossing the northbound roadway occur in this stage under off-peak hour lane closures. Stage 3 Stage 3 moves to the northbound lanes of HRP. Work in this stage includes the drainage trunk line, northbound shoulder and acceleration lane including curbs, underdrain, pavement and guard railing. These activities are expected to occur during typical construction hours. Once the shoulder curb has been completed, milling and paving of the northbound roadway will commence under off-peak hour lane closures. 4 EECRUZ007401 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 10/28/2022 D900036 - Three Bridges Replacement Region 8 / -wa BERUZ- Update 17 Stage 4 Stage 4 work begins in this stage with once alldrainage is installed and the northbound lanes have been paved itsintermediate lifts.The surface course of asphalt and final pavement markings are then placed during off-peak hour lane closures. Section 2: Schedule Resources and Calendars The majority of the activities are using the following calendar: D900036- D-B's 5d/ 8h w/Holidays This is the standard Calendar for this schedule and itis applied for the majority of activities. The project, with the exception of milestones and review times, has been scheduled on a five (5) day working calendar. Initiallywork willbe performed during an eight (8) hours day shift with a minimum of two crews during a shift. As the project needs change, additional shifts/crews willbe added. The project will be executed five (5)days per week, eight (8) hours a day. The five (5) day calendar also includes the observance of all major holidays that will be observed by the working unions on the project as agreed upon: New Year's Day Lincoh7's Birthday President's Day IMemorial Day Independence Day =abor Day Collumbus Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day Milestones and hammock activities have been scheduled using calendar days in order to comply with project specifications and to accurately reflect the float. In addition to the standard calendar and the following calendars are also in use: D900036- Asphalt Paving This has been applied for the asphalt paving work where applicable. D900036- Weekend This has been applied for weekend work, specifically to areas of demolition where applicable. D900036 - Winter Concrete Calendar This has been applied to concrete deck pouring activities, to account for winter restriction on these activities. D900036 - D-B's 6d 2 SHIFTS 5 EECRUZ007402 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 10/28/2022 D900036 - Three Bridges Replacement Region 8 / -wa BERUZ- Update 17 This has been applied to Sawmill activities in order to reflect activities that willrequire a second shift on a 6 day calendar. D900036 - D-B's 5d 2 SHIFTS This has been applied to Sawmill activities in order to reflect activities that willrequire a second shift on a 5 day calendar. D900036 - D-B's 5d 10H SHIFTS This has been applied to the majority of the remaining activities starting from update No. 17 in order to account for the acceleration effort from EEC. Section 3: Schedule Progression and Development Section 3a: Forecasted Completion Date Update 17 21"' Ninety- T he schedule currently show the project finishing on June 2019, which isOne hundred and 6* seven (197) days laterthan the contractual finish date of December 2018. T hisdelay is a direct cause of the following events: 1. Mount Vernon Sewer Issue 2. Raising for Temporary Bridge over HRP 3. Letter #8 - Barrier Wall Issue 4. BIN 739 Additional Lengths of Drilled Shafts 5. Contractor NCRs and remedial work at BIN739 6. BIN 719 Aquafer Issue A schedule lime Impact Analysis willfollow this submittal. Update 16 For schedule progression please refer to Appendix No.6. Update 15 For schedule progression please refer to Appendix No.6. Update 14 In an effort to recover the ongoing delay, EE Cruz re-sequenced part of the project and in some instances added additional crews and extended work hours. By doing so, EE Cruz was able to finish stage 3 for HRP and Saw mill earlier than anticipated in the impacted schedule. In addition, there was a mutual understanding with regards to top course, itwillbe a time decision depending on weather. Refer to section 3b Logic changes. Below is the progress that occurred during the month of November, 2018: 6 EECRUZ007403 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 10/28/2022 D900036 - Three Bridges Replacement Region 8 / BERUZ- -sman U pdate 17 5500050 o Construct Bridge Barrier o Construct Sidewalks North and South Side o Construct North Side Parapet o Construct SIP forms Pier 1 to Mount Vernon a Construct Integral Back Wall Pier1 to Mount Vernon a Place reinforcement Steel Pier 1 to Mount Vernon a Place Concrete Deck Pier 1 to Mount Vernon a Closure Pour a Construct West Approaches a Install Elastomeric Headers East and West Side. 5500739 a Install Curbs and Underdrain a Saw cut and Seal Bridge Deck a Install Guide Rails a Paved for phase 2 a Mobilized Pile Rig a Drilled Shafts for Piers and Rock Sockets for Pier 1 & 2 a Build Caissons for Pier 1 & 2 a Construct Integral abutment for Pier 1 & 2 o Construct columns for Pier 1 5500719 a Install Curbs and Underdrain a Saw cut and Seal Bridge Deck a Install Mow Strip & Guide Rails a Paved forphase 2 a Mobilized Pile Rig a Drilled Shafts for Piers and Rock Sockets a Build Caissons o Construct Integral abutment HRP a Removal of Temp Barriers a Pave Mow Strip a Construct Drainage Laterals a Install New Guiderails a Excavate Center Median a Construct Manhole , Catch Basin and Pipes Update 13 In an effort to recover the ongoing delay, EE Cruz re-sequenced part of the project and in some instances added additional crews and extended work hours. By doing so, EE Cruz was able to finish stage 3 for HRP and Saw mill earlier than anticipated in the impacted schedule. In addition, there was a 7 EECRUZ007404 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 10/28/2022 D900036 - Three Bridges Replacement Region 8 / BERUZ- -sman U pdate 17 mutual understanding with regards to top course, itwillbe a time decision depending on weather. Refer to section 3b Logic changes. Below is the progress that occurred during the month of October, 2018: 5500050 o Steel Installation Pelham to Pier 1 a FRP Integral Back wall Pelham to Pier 1 a Erect SIP forms Girders Pelham to Pier 1 o Set Bridge Machine and Trial run Pelham to Pier 1 a Place Deck Steel Girders Pelham to Pier 1 a Erect Deck Girders Pier 1 to Mount Vernon o Steel Erection Pier 1 to Mount Vernon 5500739 o Construct GRSS wall o Construct NB and SB New approaches a Install drainage a Install subbase a Backfill 5500719 a Install T walls a Install Drainage a Unload and erect SIP forms a FRP Substructure back wall o Construct Long Traverse Bulkheads a Construct overhang brackets and edge forms o Set finishing machine and dry run. o Construct GRSS wall a Place concrete deck a CIP Parapet o Construct Beginning and End approaches a Install Med Bridge Barrier HRP a Install curbs and underdrain STG3 a Place subbase STG3 a Pave Base and Binder STG1 a Build temporary pavement STG2 a Install New Guardrail STG1 a Pave Base and Binder STG3 Update 12 In an effort to recover the ongoing delay, EE Cruz re-sequenced part of the project and in some instances added additional crews and extended work hours. By doing so, EE Cruz was able to finish stage 3 for HRP and Saw mill earlier than anticipated in the impacted schedule. In addition, there was a 8 EECRUZ007405 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 10/28/2022 D900036 - Three Bridges Replacement Region 8 / -wa BERUZ- Update 17 mutual understanding with regards to top course, itwillbe a time decision depending on weather. Refer to section 3b Logic changes. Below is the progress that occurred during the month of September, 2018: 5500050 o FRP East Abutment Stem wall and Pedestal. a FRP West Abutment. a FRP Pier 1 Stem wall and Pedestal. a FRP West Abutment Stem wall and Pedestal. a Install Bearing and Anchor Bolts at East Abutment Pier 1. 5500739 a Set Finishing machine and Dry run. a Place concrete deck. a Install CM Barrier. 5500719 a FRP substructure concrete and integral abutment. a FRP Pier 1 pile caps. a FRP concrete pedestals. a Install bearings Pier 1 & 2 a Install Diaphragms. a Install structural steel and Bolt up. a Survey steel a FRP substructure concrete back walls. HRP a Install Drainage Catch Basin MH and Pipes. Update 11 In an effort to recover the ongoing delay, EE Cruz re-sequenced part of the project and in some instances added additional crews and extended work hours. By doing so, EE Cruz was able to finish stage 3 for HRP and Saw mill earlier than anticipated in the impacted schedule. In addition, there was a mutual understanding with regards to top course, itwillbe a time decision depending on weather. Refer to section 3b Logic changes. Below is the progress that occurred during the month of August, 2018: 5500050 a Structural Steel was delivered to site. o H Piles were delivered to site on August 28 2018. o SOE and Substructure excavation at the West Abutment is complete. o Piles Installation and footings at Pier 1is complete. o Piles Installation and footings for the East Abutment is complete. 5500739 o Drill shaft remediation is complete. 9 EECRUZ007406 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 10/28/2022 D900036 - Three Bridges Replacement Region 8 / -wa BERUZ- Update 17 o Constructed the integral abutment. o Constructed the concrete pedestals. o Erected & bolted the structural steel. o Constructed the concrete back wall for Pier 1&2. o Constructed overhang Brackets and Edge forms. o Constructed long transverse bulk heads. 5500719 a Drill shaft remediation is complete. a The structural piles are driven. a Constructed the integral abutment. a Erected columns for pier 1. HRP 20" a Relocation of the WCC Sewer line is Complete. Update 10 In an effort to recover the ongoing delay, EE Cruz re-sequenced part of the project and in some instances added additional crews and extended work hours. By doing so, EE Cruz was able to finish stage 3 for HRP and Saw mill earlier than anticipated in the impacted schedule. In addition, there was a mutual understanding with regards to top course, itwillbe a time decision depending on weather. Refer to section 3b Logic changes. Below is the progress that occurred during the month of July, 2018: 5500050 3'" a Demolition of existing street bridge pier 1 east and west abutment is complete. a SOE and Substructure excavation at Pier 1 is complete. o Started pile installation over the East Abutment. a Started SOE and Substructure excavation at the West Abutment. 5500739 31" o Steel was delivered on July 2018. a Steel bearing & Diaphragms erection started. a Pier 1 Columns and Caps are build. a Pier 1 Concrete pedestals are build. 5500719 a The caissons are poured. a Drill shaft remediation is ongoing. HRP o Begin installing Drainage, Catch Basin Manholes and pipes. 20" o Relocation of the WCC Sewer line is ongoing. Update 9 10 EECRUZ007407 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 10/28/2022 D900036 - Three Bridges Replacement Region 8 / -wa BERUZ- Update 17 The schedule currently shows the project finishing 180 days later than the contractual completion date of December 6th 2018 this loss of time, is a direct factor of Mount Vernon by-pass redesign and the different site condition over at 719 bridge. Below is the progress that occurred during the month of June, 2018: 5500050 a Remove SOE and backfill the receiving and launch pit. a Raised the temporary bridge per NYSDOT's second request. o Constructed Coned open cut gas work. a Install temporary concrete barrier east and West side of temporary bridge. 3" a Shift west bound and east bound street trafficonto temporary bridge overpass. 3" a Close local south bound Carol Avenue to east street. a Install temporary striping. a Tie permanent gas by coned. a Asbestos abatement. a Tie permanent electrical by coned. a Stone removal. 3" o Started demolition of existing street bridge pier 1 east and west abutment. 5500739 a Testing for sonic logging. o Construct column for piers. a Drill shaft remediation Bridge 739. 5500719 a Mobilize pile rigs. a Drilled shaft remediation Bridge 719 pier1. a Drill shaft remediation Bridge 719. Update 8 The schedule currently shows the project finishing 191 days later than the contractual completion date of December 6th 2018 this loss of time, is a direct factor of Mount Vernon by-pass redesign and the different site