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ST0702-CS100503 (2) (9/29/2011) Keith Marvin - RE: RE: Crossing AgreementPage 1 From: "Marty Murphy" <Martym@JRJPaving.com> To: "Keith Marvin" <kmarvin@coppelltx.gov> Date: 5/3/2010 3:40 PM Subject: RE: RE: Crossing Agreement How do I dispute something that you have already paid? You and I both know that I will never get the money back once you pay them. The charges need to be sent a billing to me since we are the ones whom requested the flagmen. This way I can resolve this within JRJ. If you are not assessing the charges then this needs to be between the railroad and JRJ. -----Original Message----- From: Keith Marvin [mailto:kmarvin@coppelltx.gov] Sent: Monday, May 03, 2010 3:10 PM To: Marty Murphy Cc: Richard Odell; Charlie Godsey; D. Guido Subject: RE: RE: Crossing Agreement Marty, Unfortunately my hands are tied on this issue. Portions of these charges are more than 120 days past due, and it has become a nuisance to several city departments. Disputing the days and hours worked with me is meaningless, as the city is not the one assessing the charges. If you are correct in your assertion that JRJ did not request flagmen, and was in fact not working on those days, I hope you will continue to dispute these charges. Keith Marvin, P.E. Project Engineer (972) 304-3681 >>> "Marty Murphy" <Martym@JRJPaving.com> 5/3/2010 12:08 PM >>> I forwarded you the last response I had from them, last week. In the mean time I have gone back to verify the dates they have listed on these bills and we were not even working on all but one of these days. I do not find it justifiable for you to deduct money form our contract that has not been verified as of yet. I have expressed my concerns about this bill from day one, now I am telling you we were not onsite for the days they are charging for. this should be reason enough to not withhold money until this is resolved. I am awaiting their response from my last email to them. -----Original Message----- From: Keith Marvin [mailto:kmarvin@coppelltx.gov] Sent: Monday, May 03, 2010 8:23 AM (9/29/2011) Keith Marvin - RE: RE: Crossing AgreementPage 2 To: Marty Murphy Subject: RE: RE: Crossing Agreement Marty, I didn't hear anything else about these flagging charges. Have you come to an agreement with the Railroad? If not, I will process your current invoice less the amount owed to the RR. Keith Keith Marvin, P.E. Project Engineer (972) 304-3681 >>> "Marty Murphy" <Martym@JRJPaving.com> 4/23/2010 10:05 AM >>> Attached you will see that I am awaiting for them to get back with me which has not happened to date. Per your email below you say you have invoices for $74,377.97? I do not have a total amount that high. -----Original Message----- From: Keith Marvin [mailto:kmarvin@coppelltx.gov] Sent: Friday, April 23, 2010 9:32 AM To: Glenn Highland; Marty Murphy; Tery Chapman Cc: Jerod Anderson; Ken Griffin Subject: Fwd: RE: Crossing Agreement Marty, Have you had any further discussions with FWWR concerning these flagging charges? They are now contacting our City Manager directly. I am still holding invoice number 9 in the amount of $74,377.97. The city does not intend to hold this invoice much longer, but we need to have a resolution to this issue. If JRJ is not able to settle the issue with FWWR by April 30, 2010 the city will withhold the $7,180 due from this invoice, and process the balance for payment. The city will then make payment to FWWR from project funds. Please let me know by 4/30/10 whether you have come to an agreement with the railroad. Keith Marvin, P.E. Project Engineer (972) 304-3681 (9/29/2011) Keith Marvin - RE: RE: Crossing AgreementPage 3 >>> Clay Phillips 4/23/2010 8:37 AM >>> Charles, It is my understanding that our contractor, JRJ, is obligated to pay for the crossing reconstruction including the expenses associated with these invoices which apparently pay someone $640/day to monitor the site for trains that might require the clearing of construction workers. Keith Marvin on our staff is th eprimary contact person. I also understand that you or representatives of FWWR are having discussions regarding this issue with JRJ. It is the City's intention to hold the contractor to their obligation and pay for all costs associated with the crossing reconstruction. Please contact Keith Marvin at kmarvin@coppelltx.gov to discuss the details of the issue further. Feel free to contact me directly if necessary. Clay Phillips City Manager City of Coppell (972)304-3662 cphillips@coppelltx.gov >>> "Charles Godsey" <cpg@fwwr.net> 4/23/2010 7:24 AM >>> I have attached all outstanding invoices. If you have any questions please give me a call at 817-529-7150. Thanks Charles Godsey FWWR -----Original Message----- From: Clay Phillips [mailto:cphillips@coppelltx.gov] Sent: Thursday, April 22, 2010 12:13 PM To: Charles Godsey Subject: Re: Crossing Agreement Charles, I do not recall seeing an invoice regarding this issue. I will check with our staff and someone will get back to you very soon with an answer. Thank you for bringing this to my attention. Please send all future emails intended for me tot he address below or feel free to contact me via the phone number below. (9/29/2011) Keith Marvin - RE: RE: Crossing AgreementPage 4 Clay Phillips City Manager City of Coppell (972)304-3662 cphillips@coppelltx.gov >>> "Charles Godsey" <cpg@fwwr.net> 4/22/2010 11:56 AM >>> Mr. Phillips Attached you will find crossing agreement that was sign by you on Oct 28, 2009. The agreement covers flagging cost to improve crossing at south Coppell rd. DOT number 789747J. This invoice is over 90 days old. Please advise when FWWR can expect payment on invoice number 7542 for 640.00 and invoice number 7688 for 4720.00 Thanks and if you have any question please call me 817-529-7150 Charles Godsey