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ST0702-CS100503 (9/29/2011) Keith Marvin - RE: Crossing AgreementPage 1 From: "Charles Godsey" <cpg@fwwr.net> To: "'Keith Marvin'" <kmarvin@coppelltx.gov> CC: "'Clay Phillips'" <CPHILLIPS.Town_Center.City_of_Coppell@coppelltx.gov>,... Date: 5/3/2010 2:39 PM Subject: RE: Crossing Agreement Keith, Wanted to let you know that we still have not received payment on the flagging charges. Thanks for your help in getting this resolved. Charles Godsey FWWR -----Original Message----- From: Keith Marvin [mailto:kmarvin@coppelltx.gov] Sent: Tuesday, April 27, 2010 5:25 PM To: Charles Godsey Cc: Clay Phillips; Ken Griffin; Richard Odell; D. Guido Subject: RE: Crossing Agreement Mr. Godsey, As Mr. Phillips stated in the below email, the City of Coppell has placed the responsibility for all flagging and railroad coordination on JRJ Paving through our street construction contract. Employees of JRJ have made all requests for flagging, and have had complete control over scheduling of all work activities associated with the construction. As such, the city has forwarded all flagging invoices to JRJ for payment. It has been our intention from the beginning of this project that all bills will be handled by the appropriate parties. I believe you will find that we promptly paid the $157,000 that we considered our portion of the crossing reconstruction. That having been said, we put JRJ on notice that they needed to make prompt payment of all monies due for flagging charges no later than April 30, 2010. If satisfactory evidence of payment has not been furnished to my office by the close of business on 4/30/10 we will withhold $7,180 from their current invoice and make payment in that amount to FWWR. I know this flagging issue has been frustrating for all involved, including the contractor. Perhaps on the next project we can structure this a little differently to avoid some of the problems. Feel free to contact me if we need to discuss this further. Thanks, Keith Keith Marvin, P.E. Project Engineer (972) 304-3681 (9/29/2011) Keith Marvin - RE: Crossing AgreementPage 2 >>> 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. Clay Phillips (9/29/2011) Keith Marvin - RE: Crossing AgreementPage 3 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