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WA9302-CS 970210G 'EOTECH N ICA L E NGINEERING E NVIRONMENTAL GEE Consultants, Inc. 10046 Monroe Drive February 10, 1997 Dallas, Texas 75229 · (214) 352-5433 · Fax (214) 352-6972 Mr. Mark R. Torp Surety Claims Counsel Surety Claims 13S CNA Surety Companies CNA Plaza Chicago, IL 60685 Re: Bond No. 137 845 895 Natgun Corporation Continental Casualty Company City Of Coppell (Village Parkway Ground Storage Reservoir No. 2, Project No. WA-9302, Coppell, Texas) GEE Consultants, Inc. Dear Mr. Torp: As per your letter dated November 19, requested: 1996, enclosed is the following information that you Reason invoice (a) for overtime, additional technicians, rebar inspection, pick-up and rain-day charges, on an by invoice basis: Invoice No. 5258-1, dated September, 1995 All GEE Consultants, Inc. hourly services are charged on a portal to portal basis with regular rates charged between 7:30 am and 5:00 pro, Monday through Friday. Portal to portal is defined as the time ~'om which we leave our office, until we return. Hours before 7:30 ran, after 5:00 pm and all day Saturday and Sunday are charged at overtime rates (1.35 times our regular rate). Pier drilling for the Village Parkway project was typically scheduled to start at 8:00 am. Our technician was scheduled to stay on site until all concreting operations were completed each day. Since concrete operations did not cease at 5:00 pm, overtime was charged for hours after 5:00 pro, as well as the travel to job before 7:30 am. Please note our contract with the City of Coppell was only for services performed between 7:30 mn and 5:00 p~n, portal to portal. The enclosed invoices clearly indicate not all work was done between 7:30 am and 5: 00 pro. Trip charges are assessed for all field services. If the field services are for four (4) hours CNA Surety Companies or less, a trip charge of $12.50 is assessed. a $25.00 trip charge is assessed. February 10, 1997 If field services last longer than four (4) hours, Please refer to the two (2) enclosed letters dated January 15, 1996, from Shimek, Jacobs & Finklea (SJF), the Engineer of Record for this project. These SJF letters addressed to Natgun indicate that overti~ne charges are for the benefit of Natgun and therefore payable by Natgun. The SJF letters also supplied Natgun a copy of GEE Consultants, Inc. proposal to the City of Coppell. The GEE Consultants, Inc. proposal clearly outlines the testing which the City of Coppell would perform. SJF's letter also indicates any additional testing and inspection beyond GEE Consultants, Inc. proposal would be the responsibility of Natgun. Copies of cancellation reports are also enclosed for your review. If the Village Parkway site was not accessible on any particular day, the project superintendent for Natgun should have called our office prior to start of operations and let us know of a cancellation. Under such circumstances we would not have charged our client for cancellation time since we would have not sent our technician to that site. Please note the section titled "Reason" on the cancellation reports (General Report No. 1 & 2) which describes in detail when and why each cancellation occured. Also, when Natgun did not cancel our inspection of piers in advance, this caused a need for reinspection. The Village Parkway Ground Water Storage Tank project specifications state any fetesting or reinspection costs are to be paid by the contractor. (b) Invoice No. 5258-2, dated October, 1995 Please see item (a) for explanation 6f overtime charges. (C) Invoice No. 5258-3, dated November, 1995 Please see item (a) for explanation of overtime and cancellation charges. to General Report No.5 for reason for cancellation. Also, please refer (d) Invoice No. 5258-4, dated December, 1995 Our proposal (No. 051004 Section IV, Suspended Slab Concrete) clearly states 9.5 hours, excluding overtime, to place 1700 cubic yards of suspended slab concrete. Natgun decided to place this 1700 cubic yards on a Saturday, hence overtime was incurred. We charged Natgun a reduced rate, which was the difference between our regular time rate and overtime rate ($10.41 per hour) for 9.5 hours (7:30 am to 5:00 p~n). Natgun scheduled suspended slab concrete placement to begin at 8:00 am on 12-9-95. Suspended slab reinforcing steel that was scheduled for final inspection at 3:00 pm on 12-8- 95 had not been completed as Natgun stated. The incomplete placement af reinforcing steel on 12-8-95 necessiated a reinspection of the steel for the convenience of Natgun at the site starting at 6:00 am on 12-9-95 before place~nent of concrete. tb,I., overtime accrued. Although concrete placement was scheduled to begin at 8:00 am, concrete did not arrive on GEE Cousultants, Inc. Page 2 CNA Surety Companies /'- site until approximately 11:00 am. charged at overtime rates. February 10, 1997 This delayed concrete also resulted in Natgun being (e) Invoice No. 5258-5, dated Jarmary, 1996 Our reason for an additional technician is clearly stated in our letter dated June 03, 1996 to Mr. Bob Barbarisi of Natgun, a copy of which is enclosed. This letter clearly documents all additional services authorized by Natgun. (f) Invoice No. 5258-6, dated February 1996 Please see item (a) for explanation of overti~ne charges. A copy of our cancellation report is attached. Natgun wanted to test extra shotcrete panels other than that which was included in our proposal for testing with City of Coppell. Extra concrete cylinders were cast on 2-21-96 upon Natgun's verbal request and the reports were withheld by us due to outstanding invoices. Extra concrete test cylinde.rs and shotcrete panels were above our proposal and for the convenience of Natgun. Please be aware that Natgun is incurring I/2 percent per month simple interest (six percent per year in Texas) for the overdue invoices. Natgun owes GEE Consultants, Inc. $461.52 for interest on invoices through January, 1997. Natgun continues to incur an additional $36.07 per month for overdue payments. Demand is hereby made for $7,215.95 plus $461.52 interest for a total of $7,677.47. Please let us know if you need more information. Thanking you in advance for your help. Sincerely, GEE Consultants, btc. Geetha R. Krishnan, M.S.C.E., E.I.T. Project Engineer Construction Materials Engineering Division GRK:RWG/gk Attachment cc: Mr. Ken Griffin - City of Coppell Mr. Gary Hendrix - Shimek, Jacobs, & Finklea GEE Consultauts, Inc. Richard W. Gee, P.E. President Page 3 E.~TZZZZ:ZZ;ZZZZZ:Zj:ZL%;%.Z:LT,:::Z:ZZ:ZZ:ZZZZZ: ZZ'.ZZZZZZZ%ZT:;2 ZZZZ::.Z:5%ZZ%;Z:/Z:Z:%ZZZ:ZZZZj.?Z;ZZZ:ZZZ~3~rT_' SHIMEK, COPY OF JACOBS & FINKLEA LETTERS TO NATGUN ' 'Z:5Z,ZZ:Z,,j,ZZZ.,Z:.E.::%ZZ;ZU :ZZZZZ:'ZZ L: . ZZ'Z:Z:ZZZ;Z:UZZ:Z ZEj:ZZ:Z. :; ;.~j.',.:ZZLEL: ZZ::: 'LZLZZZZL:ZZ:Z,L::':.:: :Z:ZU:.::Z':'ZZZZL.:L:'Z..::Z.:LZLLL:;:ZZZZ:Z.ZL:::;:::::::',~] SHIMEK, JACOBS & FINKLEA CONSULTING ENGINEERS 8333 Douglas Avenue, #820 Dallas, Texas 75225 (214) 361-7900 ROSS L. JACOBS, P.E. RONALD V. CONWAY, P.E. JOHN W. BIRKHOFF, P.E. JOE R. CARTER, P.E. GARY C. HENDR|CKS, P.E. C. L. SHIMEK, P.E. 1. C. FINKLEA, P.E. JAMES E. LAUGHLIN, P.E. Jauuary 15, 1996 Natgun/C~3rporation 11 T~e~l Road Wt~l(efield, Massachnsetts 01880 Re: City of Coppell Village Parkway Ground Storage Reservoir No. 2 Gentlemen: Apparently, there has been some confusion as to the testing procedures that the City of Coppell is responsible for on this project. It is our interpretation of the project specifications that the testing procedures to be performed by the owner, as outlined in S.C. 19 of the Special Conditions, are for the sole benefit of the owner and are conducted in order to ascertain and verify that the work is being completed in substantial conformance with AWWA D 110, Type III standards. Any additional testing required by Natgun Corporation to assure, warrant or otherwise guarantee your finished project, is and shall be Natgun Corporation's responsibility. For your benefit, we are enclosing an outline of the testing services the City expects to conduct during the remainder of this project. Please review this carefully and ~nake the ally necessary arrangements you may require for additional testing services or procedures. Since'rSLY'Y°urs' ' Gary C. Hendricks, P.E. Enclosure cc: Mr. Larry Davis ,/ ROSS L. IACOBS, P.E. RONALD V. CONWAY, P.E. JOHN W. BIRKHOFF, P.E. JOE R. CARTER, P.E. GARY C. HENDRICKS, P.E. C. L. SHIMEK, P.E. 1. C. FINKLEA, P.E. JAMES E. LAUGHLIN, P.E. SHIMEK, JACOBS & FINKLEA CONSULTING ENGINEERS 8333 Douglas Avenue,//820 Dallas, Texas 75225 January 15, 1996 (214) 361-7900 Natgun Co o/ration 11 Teal;ad Wakef'~ld, Massachusetts 01880 R/City of Coppell Village Parkway GrouHd Storage Reservoir No. 2 Gentlemen: It has come to our attention that invoices for testing services performed on this project by Gee Consultants on your behalf have gone unpaid since September of 1995. We have reviewed copies of the invoices provided by both you and Gee Consultants, Inc. It is our opinion that the overtime charges shown on the billings were occurred at and for the benefit of you or your pier subcontractor. As we have stated in our separate letter of even date, the City's testing procedures outlined in their contract with Gee CoHsultants, are for the sole benefit of the City. Any additional testlug required by Natgun above that which is outlined, is and will be at Natgun Corporation's expense. Also, please note that prior to final acceptance of this project, the contract documents require that the contractor sign an affidavit StatiHg that there are no outstanding claims or lieus on this project. Please review your files and notify us of the status of these payments due. Sincerely y6u~,/ .......... Gary C. Hendrick~i;~s2E~ cc: Mr. Larry Davis .'?,r.'~'"i.2?, .,r ~-- i,.~,,,, , ,. ,, COPY OF PROPOSAL TO CITY OF COPPELL _ , ~ EOTECHNICAL E I GEE Consultants, Inc. ' E I NVIRONMENTAL _ 2540 Glenda Lane · Suite 108 · Dallas, Texas 75229 · (214) 620-9791 · Fax (214) 620-9794 E X H I B I T "A" November 1, 1995 Mr. Ken Griffin, P.E. City Engineer City of Coppell P.O. Box 478 Coppell, Texas 75019 RE: Proposal No. 051004 Coppell Ground Storage Tank No. 2 Coppell, Texas Dear Mr. Griffin: _ In accordance with the request of Mr Gary Hendricks of Shimek, Jacobs & Finklea of October 20, 1995, we are pleased to submit the following revised proposal for materials testing and inspection services for the above referenced project. Revisions to our previous estimate were _ necessary due to the slower than anticipated pier construction, testing of the building pad, testing of proposed concrete mixes prior to use, and revised shotcrete testing requirements. -- Types of services are per plans, specifications and common frequencies of testing used in the Dallas/Fort Worth Metroplex for this type of construction. A construction schedule as well as material quantities for project completiol~ were relayed verbally by Mr. Robert Barbarisi, Jr. of - Natgun in our telephone conversation of October 13, 1995. Fees below include testing and inspection performed to date. -- We estimate the fees will be as follows: I. UTILITIES Laboratory Testing - ASTM D 698 Moisture Density Relationships 2 tests @ $125.00 per test ......................... $250.00 ' Atterberg Li~nits Test 2 tests @ $32.00 per test ......................... $64.00 City of Coppell November 1, 1995 -- Percent Material Finer than No. 200 Sieve 2 tests @ $18.00 per test ......................... $36.00 ' Total Laboratory Testing ......................... $350.00 Field Testing ' In-Place Moisture Density Tests 16 tests @ $25.00 per test (minimum of 4 tests per trip) ...... $400.00 Trip Charges 4 trips @ $12.50 per trip ......................... $50.00 Total Field Testing ............................. $450.00 _ Total of Earthwork Testing for Utilities ................. $800.00 II. BUILDING PAD Laboratory Testing -- ASTM D698 Moisture-Density Relationship 1 test @ $125.00 per test ......................... $125.00 -- Alterberg Limits Test 1 test @ $32.00 per test .......................... $32.00 -- Percent Passing No. 200 U.S. Sieve 1 test @ $18.00 per test .......................... $18.00 -- Total Laboratory Testing ......................... $175.00 Field Testing In-Place Moisture Density Tests 18 tests @ $25.00 per test (minimum of 4 tests per trip) ...... $450.00 Trip Charges 3 trips @ $12.50 per trip ......................... $37.50 Total Field Testing ............................. $487.50 Total of Earthwork Testing for Building Pad ............. $662.50 GEE Consultants, Inc. Proposal No. 051004 Page 2 City of Coppell November 1, 1995 -- III. DRILLED STRAIGHT-SHAFT PIERS Laboratory Testing Portland Cement Concrete Mix Design 1 each @ $120.00 each .......................... $120.00 Confirmation Mix Design Test Cylinders 6 each @ $20.00 per each ......................... $120.00 Total Laboratory Testing ......................... $240.00 Field Inspection _ Sampling Concrete Mix Design Materials 8 hours @ $29.75 per hour ........................ $238.00 _ Continuous Inspection of Pier Drilling and Concreting (Including Reinforcing Steel) (Excluding all overtime and cancellations) (Based on 7 piers per day after November 1, 1995 for completion of project) _ 428 Hrs. @ $29.75 per hour ..................... $12,733.00 Cmnpressive Strength Concrete Cylinders (With Inspection) -- (Based on 1 set of 4 cylinders per day) 184 tests @ $13.00 per test ...................... $2,392.00 -- Trip Charges 47 trips @ $25.00 per trip (over 4 hours) ............. $1,175.00 - Total of Field Inspection ........................ $16,538.00 Total of Pier Inspection ........................ $16,778.00 IV. SUSPENDED SLAB CONCRETE Field Inspection and Testing ' Reinforcing Steel Inspection 2 Hrs. @ $29.75 per hour ......................... $59.50 ' Continuous Inspection of Concrete Placement (Based on 1 Days Casting of 1800 C.Y.) (Excluding Overtime) 9.5 Hrs. @ $29.75 per hour ....................... $282.63 GEE Consultants, Inc. Proposal No. 051004 -- Page 3 City of Coppeli November 1, 1995 Compressive Strength Concrete Cylinders (With Inspection) (Based on 1 set of 3 cylinders per 150 cubic yards) -- 36 tests @ $13.00 per test ......................... $468.00 Trip Charges ' 1 trip @ $25.00 per trip .......................... $25.00 Total of Field Suspended Slab Concrete Inspection and Testing . . $835.13 V. PRECAST WALL CONCRETE PANELS Laboratory Testing Portland Cement Concrete Mix Design (Using Same Aggregate) 1 each @ $50.00 per each ......................... $50.00 Confirmation Mix Design Test Cylinders 6 each @ $20.00 per each ......................... $120.00 Total of Laboratory Testing ........................ $170.00 Field Inspection and Testing -- Continuous Inspection of Concrete Placement (Based on fabrication on site of 6 panels per day) (Including reinforcing steel inspection) -- 48 Hrs. @ $29.75 per hour ...................... $1,428.00 Compressive Strength Concrete Cylinders (With Inspection) -- (Based on 1 set of 3 cylinders per 100 cubic yards or fraction thereof) 18 tests @ $13.00 per test ......................... $234.00 -- Trip Charges 6 trips @ $25.00 per trip ......................... $150.00 ' Total of Field Testing ......................... $1,812.00 Total of Precast Wall Panel Concrete Inspection and Testing . . $1,982.00 GEE Consultants, Inc. Proposal No. 051004 _ Page 4 City of Coppell November 1, 1995 -- VI. DOMED ROOF CONCRETE PANELS Field Inspection and Testing Continuous Inspection of Concrete Placement (Based on-site casting of 21 roof panels per day) " (Including reinforcing steel) 64 Hrs. @ $29.75 per hour ...................... $1,904.00 ' Compressive Strength Concrete Cylinders (With Inspection) (Based on 1 set of 3 cylinders per 100 cubic yards or fraction thereof) 24 tests @ $13.00 per test ......................... $312.00 Trip Charges _ 8 trips @ $25.00 per trip ......................... $200.00 Total of Field Donned Roof Concrete Inspection and Testing . . $2,416.00 VII. WALL SLOTS _ Laboratory Testing Portland Cement Concrete Mix Design -- (Using Same Aggregate) 1 each @ $50.00 per test ......................... $50.00 -- Confirmation Mix Design Test Cylinders 6 each @ $20.00 per each ......................... $120.00 -- Total of Laboratory Testing ........................ $170.00 Field Inspection and Testing Part-time Inspection of Concrete Placement (Based on 1 day to cast all 36 slots) ' 4 hours @ $29.75 per hour ........................ $119.00 Compressive Strength Concrete Cylinders (With Inspection) ' (Based on 1 set of 3 cylinders per 100 cubic yards or fraction thereof) 3 tests @ $13.00 per test ......................... $39.00 Trip Charges 1 trip @ $25.00 per trip .......................... $25.00 Total of Field Testing ........................... $183.00 Total of Wall Slot Testing ......................... $353.00 GEE Consultants, Inc. Proposal No. 051004 -- Page 5 City of Coppell "' "~ November 1, 1995 -- VIII. DOME SLOTS Laboratory Testing Portland Cement Concrete Mix Design (Using Same Aggregate) ' 1 each @ $50.00 per each ......................... $50.00 Confirmation Mix Design Test Cylinders ' 6 each @ $20.00 per each ......................... $120.00 Total of Laboratory Testing ........................ $170.00 _ Field Inspection and Testing Part-time Inspection of Concrete Placement _ (Based on 3 days casting) 12 hours @ $29.75 per hour ....................... $357.00 _ Compressive Strength Concrete Cylinders (With Inspection) (Based on 1 set of 3 cylinders per 100 cubic yards or fraction thereof) 9 tests @ $13.00 per test ......................... $117.00 Trip Charges 3 trips @ $25.00 per trip ......................... $75.00 Total of Field Testing ........................... $549.00 -- Total of Laboratory and Field Testing .................. $719.00 -- IX. DOME RING Field Inspection and Testing Part-time Inspection of Concrete Placement (Based on 1 day to cast entire ring) ' 5 hours @ $29.75 per hour ........................ $148.75 Compressive Strength Concrete Cylinders (With Inspection) (Based on 1 set of 3 cylinders per 100 cubic yards or fraction thereof) 3 tests @ $13.00 per test ......................... $39.00 GEE Consultants, Inc. Proposal No. 051004 ' Page 6 City of Coppell ~ November 1, 1995 -- Trip Charges 1 trip @ $25.00 per trip .......................... $25.00 -- Total of Dome Ring Testing ....................... $212.75 -- X. SHOTCRETE Field Testing Technician to Cut 6 Cores from 4 Different Shotcrete Panels (Based on one panel each for corewall, cove, wire cover and covercoat) 12 hours @ $29.75 per hour ....................... $357.00 Diameter-Inches of Shotcrete Coring (With Technician Time) 168 Diameter-Inches @ $2.00 per dia~neter-inch ........... $336.00 Capping and Testing Shotcrete Cores 24 tests @ $17.50 per test ......................... $420.00 Total of Laboratory Testing ...................... $1,113.00 _ Field Inspection and Testing Part-time Inspection of Shotcrete Operations including Slump and Air Testing -- (Based on 4 hours each for corewall, cove, wire cover and covercoat) 16 hours @ $29.75 per hour ....................... $476.00 -- Trip Charges 4 trips @ $25.00 per trip ......................... $100.00 -- Total of Field Testing ........................... $576.00 Total of Shotcrete Laboratory and Field Testing ........ !i, 1,689.00 TOTAL OF ALL INSPECTION AND TESTING SERVIC!"' '~126,447.38 Our total estimated fee to perform the aforementioned tests and se~i, ,'s is $26,447.38. It should be noted that this proposal is based on the estimated number of tests and quantities mentioned in this proposal and not a lump sum price. The construction sequence or job conditions may require more or fewer testing or inspection. Only work which is actually performed will be charged for and all charges will be in accordance with the corresponding unit fees quoted in this proposal or our Schedule of Fees. GEE Consultants, Inc. Proposal No. 051004 -- Page 7 City of Coppeli "~ Novetnber 1, 1995 -- We understand we have been selected for this project and, therefore, when providing this estimate, are not in violation of laws governing procurement of professional engineering contracts with public entities. If this proposal is acceptable to you, please sign the enclosed copy, along with the Agreement for Materials Engineering and Related Construction btspection and Materials Testing Services, and mail it to us at your earliest convenience. We trust the information provided herein is sufficient for your use. Should you have any comments and/or questions, please do not hesitate to contact us. We are looking forward to working with you. Sincerely, GEE Consultants, Inc. _ Project Engineer President -- DHG:RWG/Iej Attachment cc: Mr. Gary Hendricks - Shimek, Jacobs and Finklea GEE Consultants, lnc. Proposal No. 051004 _ Page 8 -- AGREEMENT FOR MATERIALS ENGINEERING AND RELATED CONSTRUCTION INSPECTION AND MATERIALS TESTING SERVICES _ THIS AGREEMENT is by and between: ~r. Ken Griffin, P.E. City Engineer _ City of Coppell P.O. Box 478 Coppell, Texas 75019 hereinafter called CLIENT and GEE CONSULTANTS, INC., a Texas corporation, hereinafter called GEE, who agree as follows: 1. DECLARATIONS. CLIENT desires to engage GEE to provide Materials Engineering and related construction inspection and materials testing services in connection with CLIENT's project ("THE PROJECT") described as follows: Coppell Ground Storage Tank No. 2 Coppell, Texas Gee has submitted a fee schedule to CLIENT, a copy of which is attached hereto and made a part hereof as Exhibited A, for Materials Engineering and related construction inspection and materials testing services, which fee schedule is acceptable to CLIENT. 2. SCOPE OF WORK. GEE shall provide Materials Engineering and related construction inspection and materials testing services for THE PROJECT in accordance with the -- accompanying proposal "scope of services" made a part hereof as Exhibit B and the "terms and conditions" set forth on the back of and made a part of this Agreement. _ EXECUTED THIS 14 day of November, 1995. CLIENT (j l f'y OF ~ By: ~/,j"")'l. u;%L,. ' Titje~ /'7;/1/] Y'~91~ -- Title: President Date: TO BE COMPLETED BY CLIENT: FOR PAYMENT OF SERVICES: ' Firm: Citb OF C-~.,/?~e/t Address: e. c5. ~ ~-~ _ C'~l) t~e_[I Zip Code: ?'~O/~Phone No. (.c~91~) ~. Attention:/~e.v,_ C-:~t,f'~"i.~ Title: ~.~,t. C,'l~ltiar"/dis Invoice to the Account of: b.) PI ~ 5-0~-~ J ' ) ' 7 J FOR APPROVAL OF INVOICE(S): If the invoice is to be mailed for approval to someone other than the account charged, _ please indicate where to mail the invoice in the space below. Firm: Address: .Zip Code: __ Phone No. Attention: Title: TERMS AND CONDTIONS TO AGREEMENT FOR MATERIALS,ENGINEERING AND RELATED, CONSTRUCTION INSPECTION AND MATERIALS TESTING SERVICES _ ARTICLE 1. SERVICES: GEE will: with recommendations contained in any correspondence or verbal 1.1 Act for CLIENT in a professional u,,~, ,,smg that degree of care and recommendation issued by GEE. skill ordinarily exercised by and consisten with the standards of the pro- fession practicing in the same or similar locality of THE PROJECT site, 3.3 GEE is not authorized to revoke, alter, relax, enlarge or release any re- quirement of TttE PROJECT specifications or other contract documents 1.2 Provide only those services that, in the opinion of GEE, lie within the nor to approve or accept any portion of the work, unless specifically technical and professional areas of expertise of GEE and which GEE is authorized in writing by CLIENT or his authorized representative. GEE adequately shafted and equipped to perform. shall not have the right of rejection or the right to stop the work, except __ for such periods as may be required to conduct the sampling, testing or 1.3 Peffom~ all techuical services under the general direction of a Registered inspection of operations covered by the Agreement. Professional Engineer and in substantial accordance with the basic re- quirements of the appropriate Standards of The American Society for 3.4 This Agreement may be terminated by either party on ten (10) days wrinen Testing and Materials, where applicable, or other standards designated by notice or by mutual agreement. If this Agreement is terminated by either __ CLIENT. party, GEE shall be paid in full for all services performed through the ter- minalion date, and the CLIENT shall be provided with a complete report 1.4 Promp~y submit formal reports of all tests, inspections and services per- of the results of test and analysis conducted prior to termination. formed indicating where applicable, compliance with THE PROJECT specifications or other contract documents. Such reports shall be com- 3.5 Neither CLIENT nor GEE may delegate, assign, sublet or transfer his __ plete and factual, citing the tests performed, methods employed, values duties or interest m this Agreement without the written consent of the other obtained, parts of the structure or PROlit 1' area involved. party. 1.5 Employ testing machines which have bc~ ~- ;dibrated within a period not 3.6 The only WARRANTY made by GEE in connection with its services per- exceeding twelve months from the time. or use by devices of accuracy formed hereunder is that it will use that degree of care and skill as set -- traceable to the National Bureau cf Standards of the United States forth in Article 1.1 above. No other WARRANTY, expressed or implied, Department of Commerce and, upon request, submit to CLIENT. or his is made or intended for services plovided hereunder or furnishing oral or authorized representative, documentation of such calibration. written reports of findings made. 1.6 Consider all reports to be the confidential property of CLIENT, and ARTICLE 4. INSURANCE: ' distribute reports only to the persons. organizations or agencies specifically designated in writing by CL1ENT or bis authorized 4.1 GEE shall secure and maintain throughout the full period of this Agree- representative. ment sufficient insurance to protect it adequately frotn claims under ap- plicable WorkmeWs Compensation Acts and from claims for bodily injury, ~ 1.7 Retain all pertinent records relating to the services performed for a period death or property damage as may arise from the performance of services of five years following submission of the report. during which period the under this Agreement. GEE will, upon request, file certification of such records will be made available to CLIENT at all reasonable times. insurance coverage with CLIENT or his authorized representative. within the limits and conditions of such insurance. GEE agrees to indemnify and ARTICLE 2. CLIENT'S RESPONSIBILITIES: CLIENT or his authorized save CLIENT harmless from and against any loss, damage. or liability __ representative will: arising from any negligent acts by GEE. its agents, staff and consultants employed by it. GEE shall not be responsible and CLIENT shall 2.1 Provide GEE with all plans, specifications, addenda, change orders, ap- indemnify GEE for any loss. damage or liability arising from any negligent proved shop drawings and other information for the proper performance acts by CLIENT, its agents, staff, and other consultants employed by it, of GEE. and any claim asserted against GEE unless it shall be determined that such ' claim is based on and resulted from failure by GEE to perform its services 2.2 Issue authorization in writing. giving GEE free access to THE PROJECT hereunder in accordance with fitis Agreement. site, and to all shops or yards where materials are prepared or stored. 4.2 No insurance, of whatever kind or type, which may be carried by GEE, 2.3 Designate in writing a person or firm to act as CLIENT's representative is to be considered as in any way limiting the contractor's or ' with respect to GEE's services to be performed under this Agreement; subcontractor's responsibility for damages resulting from his operations or such person or firm to have complete authority to transmit instructions, for furnishing work and materials to THE PROJECT. CLIENT agrees. receive information and data, interpret and define CLIENT's policies and therefore, to include, or cause to be included in THE PROJECT's decisions with respect to THE PROJECT and to order, at CLIENT's ex- construction contract, such requirements for insurance coverage and _ pense, such technical services as may be requested by GEE. performance bonds to be secured and maintained by THE PROJECT contractor as CLIENT deems adequate to indemnify CLIENT, GEE, and 2.4 Designate in writing those persons or firms who are authorized to receive other concerned panics, against claims for damages and to insure copies of GEE's inspection and test reports. compliance of work performance and materials with THE PROJECT requ i re ments. __ 2.5 Advise GEE sufficiently in advance of any operations so as to allow for assigmnent 9f personnel by GEE for completion of file required services. ARTICLE 5. PAYMENT: Such advance notice shall be ill accordance with that t. stablishcd by mutual agreement of the panics. 5.1 CLlENT will pay GEE for services and expenses in accordance with the attached fee schedule (Exhibit A). GEE will submit progress invoices to _ 2.6 Direct THE PROJECT contractor, either by the Construction Contract or CLIENT monthly and a final invoice upon completion of its work. Each direct written order to: invoice, on presentation, is due and payable by CLIENT or his authorized (a) Secure and deliver to GEE, without cost to GEE, preliminary representative. representative samples of those materials he proposes to use which require testing. together with any relevant data of the materials. 5.2 GEE shall be paid in full for all services under the Agreement. including ~ (b) Fumish such casual labor and all facilities needed by GEE to obtain any additional services in excess of those stated in the original Agreement, and handle samples at THE PROJECT and to facilitate the specified as specifically authorized by CLIENT. inspection and tests. (c) Provide and maintain for the use of GEE, adequate space at THE 5.3 The CLIENT's obligation to pay for the work contracted is in no way PROJECT for safe storage and proper curing of test specimens dependent upon the CLIENT's ability to obtain financing, ap: oval of ' which must remain on THE PROJECT site prior to testing. governmental or regulatory agents, or upon the CLIENT's successiul com- pletion of the project. ARTICLE 3. GENERAL CONDITIONS: ARTICLE 6. EXTENT OF AGREEMENT: __ 3.1 GEE, by the pefforn~ance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or The Agreement, including these terms and conditions, represents the entire authorities with regard to THE PROJECT customarily vested in Tile agreement between CLIENT and GEE and supersedes all prior negotia- PROJECT architects, design engineers, or any other design agencies or lions, representations or agreements, written or oral. The Agreement may authorities. be amended only by written instrumeots signed by CLIENT and GEE. 3.2 GEE shall not be responsible for acts of omissions of any party or parties ARTICLE 7. APPLICABLE LAW: involved in the design of THE PROJECT or the failure of any contraclor or subcontractor to construct any aspect ofTtiE PROJECT iu acconlauce The Agreement shall be governed by tile laws of the State of Texas. -.~ - COPY OF GEE CONSULTANTS, INC. - LETTER TO NATGUN ' " T _ .~ E'OTECHNICAL E GEE Consultants, Inc. E ) NVIRONMENTAL 10046 Monroe Drive * Dallas, Texas 75229 · (214) 352~5433 · Fax (214) 352-6972 June 03, 1996 Mr. Bob Barbarisi CERTIFIED MAIL _ Natgun Corporation RETURN RECEIPT REQUESTED Eleven Teal Road Wakefield, MA 01881-1292 RE: 6.0 MG Groundwater Storage Tank Coppell, Texas Dear Mr. Barbarisi: - The purpose of this letter is to confirm verbally authorized services by site superintendent, Mr. Jim Fisher of Natgun Corporation at the aforementioned project. -- On December 28, 1995, in a telephone conversation with the undersigned, you requested we cast three additional cylinders from a wall panel and three cylinders from a dome panel on the first day of on-site panel construction, in addition to test cylinders that were to be fabricated - for the City of Coppell. I gave you the cost for additional cylinders without the need for a second technician to cast such on site. On December 29, 1995, on site, Mr. Fisher wanted our on-site field technician to check slump, air content, temperature and fabricate one set of three cylinders from every Redi-Mix truck used to cast panels. In addition, Mr. Fisher requested we complete Natgun's Concrete Quality Control Data sheets on site. _ Based on our proposal to the City of Coppell, we were to perform reinforcing steel inspections of all panels and were to cast one set of three cylinders per 100 cubic yards concrete per day. We informed Mr. Fisher that casting one set of three cylinders, running slump, air, and _ temperature tests from every truck as well as completing Natgun's concrete quality control data sheets would require a second technician on site, costs for which were not included in our proposal to the City of Coppell. We informed Mr. Fisher that the additional requested second - technician and casting of cylinders from every truck were for the convenience and use of Natgun Corporation, and the additional time for a second technician as well as extra cylinders would have to be paid for by Natgun Corporation. Mr. Fisher told us that he could not get Mr. Bob Barbarisi, Natgun ( i~ration June 3, 1996 _ , 'in touch with you and confirm this matter, however, he approved a second technician to fabricate additional cylinders for December 29, 1995. The subject of paying for the additional technician and cylinders was again put to Mr. Fisher on January 2, 1996, and he again told us - he had not talked with you. When we again spoke with Mr. Fisher on January 3, 1996, he informed us that he had spoken - with you, and Natgun Corporation agreed to pay for the additional technician and cylinders. Please call if you have any questions. Sincerely, GEE Consultants, Inc. /5 2/" 7 ' '~ /"~" _ Richard W. Gee, P.E. President _ RWG/U Enclosures cc: Mr. Larry Davis - City of Coppell Mr. Gary Hendricks - Shimek, Jacobs & Fi~lea GEE Consultants Page 2 of 2 :,[~T~ZZZZZZT, Z."TZZ:Y;:,UZ,ZZZ,:::ZZZZ:"L::ZZ:ZZZZ ZZZ//ZZZZZZZ :ZZZZZZZ::,':ZXZq:L':,,ZZ~' ZZ'_.Z:ZZTZZ;Z':ZZZZ,Z;ZZZ,'Z:Z,Z~,'ZZZZIZ~Z - COPY OF GEE CONSULTANT, INC. - INVOICES REVIEWED BY NATGUN ' ~~N PRECAST ' PRESTRESSED PREFERREI~ Est.d,R~sht~119Z~ ' Natgun Corporation Procast Concrete Tank~ Eleven ToM Road _ April 5, 1996 Wakefdd. MA 01880-1~23 Telephont 617.246-1133 Fax 617-245-3279 Mr. Richard Gee Gee Consultants, Inc. 10046 Monroe Drive _ Dallas, TX 75229 Reference: 6.0 MG Ground Water Storage Tank _ Coppoll, TX (95C11) CONCRETE & SHOTCRETE TESTING Dear Richard: -- Please find herewith copies of Gee Consultants invoices received by this office for this project. We have taken the time to review and note comments on each invoice. We have also carefully reviewed our contract with the City of Coppell insofar~s our responsibility - involving testing is concerned. Based on our review, it appears that the majority of the costs outlined in your invoices should be the responsibility of either the City of Coppcll or Gee Consultants. The Engineer has confirmed that Gee's services were ordered for the -- sole benefit of the City. Since we were not involved in any contracts between Gee and the City, wc would suggest that you resolve those costs without involving Natgun. - The only cost that we find attributable to Natgrin Corporation involves Invoice No. 5258- 5, dated January 26, 1996. Our review indicates an mount owed of $1,491.00. - Kindly review the attached information and confirm that the amount owed by Natgun is $1,491.00 so that a check may be processed. Should you have any questions or comments, please call. _ _y~ry y urs, - roje RVB:kid Enclosures SOU'ruWEST OP~lCE: St, re 81 I. 8111 Preston Road, Dallas, TX 752Z5-63 16. Telephone 2 14-:J68-3306 MIDWEST Omce: SuStc 211.2610 Sheridan Road. Zion. IL 60099-26J 5, Telephone 708-872-8806 M~v-ATLANnC O~nCE: Suite 100, 3(350 Winding Way, Newtown Square, PA 19013, Telephone 610-353-8]15 04/08/96 M0N 14:28 FAX 6172245153 NATGUN {~003 GEE Consultants, lnc. 2540 Glenda Lane · $uit~ Dallas, Texas 75229 To: Mr. Bob Barbarisi, Jr. Invoice No,: 5258-1 Natgun Corporation Invoice Date: September 25, 1995 _ Eleve, n Teal Road Wakefield, MA 01880-1292 Project: Field and Laboratory Testing Performed September, 1995 6.0 MG Ground Water Storage Tank Coppeli, Texas T,.rm~: Due Upoa l~6~ipt Date of Sampling Description Quantity Rate Total _ 08-28-95 Pier Inspection, Over rkne rate 1,5 hfi $40.16 Codaxe 7:30 am, afi~ 5:00 pin) 08-29-95 Pier lnSpsction Cancellation 2.75 Ws I;29.75 $ltl .81 0.5 hra S40.16 $20.08 Cosfate 7;30 am, ~ 5:00 pro) _ 08~31-95 Pier Inspection, over time 1.0 hrs $40.16 $40.16 Co~or~ 7;30 am, after 5:00 pro) 09-05-95 Pier ImpactIon, over time 0.75 hn $40.16 _ (b~fore 7;a0 am, afr~ 5:00 pro) 09-06.95 Pie{ laspection, over time 0.75 his $40.16 $30.12 Codare 7:30 ,m, siva 5:00 09-67-95 Pier Inspection, over time 0.5 hrs $40.16 $20.08 Codare 7:S0 ,an, after 5:00 pro) _ 09-11-95 Piar In,sp~tlon, Over time (before 7:30 1.0 hrs $40.16 $40.16 am, sO. or 5:00 pro) 09-14-95 Pier Inspection, Over tim~ Coefor~ 7:30 0.25 hrs S40-16 $10.04 - am, after 5:00 pro) 09-15-95 Pier Inspection, Ovar time (before 7:30 0.75 his $40.16 am, after 5:00 pro) 09-18-95 Ple~ luspsaioa, Over thne (before 7:30 0.5 hrs $40.16 $20.0B am, af~ 5:00 pro) _ 09-19-95 Pier Inspe,~tion Cancellation, Rogulat time a.0 hrs S29.75 $119.00 04/08/96 MON 14:28 FAX 6172245153 NATGUN ~004 Gee Consultants, lnc. 2540 Glenda Lane * Suite 108 Dallas, Texas 75229 Coppall of 2 ~ of iphl ~ptl~ ~ty ~ Toil ~-I9-9~ ~ ~p~on C~l~on, ~ ~ O.$ ~ $~.16 $20,08 ~a 7:30 ~, ~ 5:~ ~ ~-20~$ Pier ~p~oa Cuc~a~o~ Re~t~ 2.75 ~s $29.75 $St .8 t ~-2~95 Pi~ ~p~on ~cdl~oa, ~ time 0.25 ~ S~. 16 S10.~ ~re 7:]0 ~, ~r 5:~ ~-21~5 Pier ~O~ion. ~er fim~ ~fOrO 7:30 O.5 ~s $~.16 $20-08 ~-22-95 ~ ~~ ~ l~ ~ore 7:30 1.5 ~ ~. 16 S~.24 ~, ~ 5:~ ~) 04/08/96 NON 14:29 FAX 6172245153 I~ATGUN ~005 GEE Consultants, Inc. _ 2540 Glentin Lane · Suite 108 De/Ins, Texas 75229 To: Mr. Bob Barbarisi, Jr. Invoice No.: 5258-2 Natgun Corporation L'avoicc Date; October 26, 1995 -- Biertin Teal Road Wakefie/d, MA 01 880d292 Project: Field and Laboratory Tetsting Performed October, 1995 6,0 MO Ground Water Storage Tank Torn~: Dqe Upon R~;olpt DsI~ of &lslllplli~ Denerlpfion Quararity Rate Total _ 09-26,.95 Pier J..~specfion, Over time rata (b~forc 7:30 0.5 hrs ~dO:16 $20.08 era, srbx .~:00 09-27-95 Pier Pasha, Over rime rm~e (herons 7:30 0,75 hrs ,TpiO.16 $30.12 _ am, s.ft~ 5:00 pro) 09-2a-ga3 Pint lalpection, Oyez ~mc rate Confute 7:30 1.75 has $40.16 $70.28 lun, It~t 5:00 pro) ' 09-29-~ Pier Xnspe~tiom, Own tlmc rate Confore 7:30 1.0 bl~ $40.16 $443.16 am, kftt. f 5:00 pro) 10-02-95 Pier ~don, Over time nuc (%efggc 7:30 03 hrs $40.i6 S30.08 ' am, after 5:00 10-03-95 Pier Znspeo6on, Ovec time rnu= ('nefot~ 7:30 1.2S ius $40.16 $50.213 am, afeer 5:00 10-04-95 Pimr lnspeto~, Over time ml~ (l~fore 7:30 0.5 ~ $40.16 S20.08 am, ai~t~r 5:00 pro) -- lOaS-gS Pier hupeotbn, Over time rgt~ (b~fote 7:30 1.2 hrs S~0.16 am, at~t 5:00 pro) 10-0~-95 ~r Ensp~ction, Oyez time ra~ (b~ox= 7:30 0.:~ hrs $40.16 $20.08 -- ira. a~mr 5;00 pro) 10439-95 Pier LD~pection~ Over time ~ (Icelure 7:30 0.2F !us $40.16 $20.08 am, after ~:00 pro) 10-~0-9~ Piar Impec:toU, Over time ra= Coebre 7:30 X .0 hn $40.16 $40.16 am, attar S:00 pro) _ 10-11-gS Pier ~on. Oven 6tne r=~ tl~fore 7:343 l.S br= $40.16 =m, aria- S;00 pro) 04/08/96 MON 14:29 FAX 6172245153 NATGUN ~ 006 GEE Consultants, Inc. 2540 Glenda Lane Suite 108 Dallas, Texas 75229 _ City of Coppell 6.0 MG Water Storage Tank October 25, 1995 ~e2 ~2 _ ~p~ni D~~ Q~dty hm To~t 1~12-~ ~ ~on, ~cr ~e ~ ~m 7:30 0.5 ~ $~.16 $20.08 ~. ~ ~:~ pro) . 1~16-95 ~ I~on, ~er ~e r,ta ~m 7:30 0.5 ~ $~. 16 5~.08 m, ~ 5:~ ~m) 10-17-95 ~ff ~on, Ov~ ~o n~ ~cforc 7:30 0-5 ~e S~.16 S~.08 1~1~9~ ~ ~on, Ov~ ~e ~ ~o~ 7:30 1.0 ~ $~.16 $~.16 1~95 ~ ~oa, Over ~ ~ ~ore 7:~ 0.~ bs ~.16 S10.~ 1~2]-~ ~a ~goa, ~ff ~ ~ ~ 7:~ 1.0 hn $~.16 $~.1~ 1~2~ ~ ~on, ~u ~a ~ ~ 7:30 0.5 m $~.16 $~.~ Pay ~/~)/-' S~12.S4 04/08/96 IION 14:29 FAX 6172245153 NATtUN ~007 GEE Consultants. Inc. _ 2540 Olenda Lane · Suite 108 Dallas, Texas 75229 To: Mr. Bob Barbarisi, Jr. Invoice No.: 5258-3 Natgun Corporation Invoice f)at~: November 27, 1995 -- Eleven Teal Road Wakefield, MA 018~0-1292 Project: Field and Laboratory/Testing Performed November, 1995 6.0 MO Ground Water Storage Tank Coplzll, Texas Tarms,' Due Upon Rmo~ilmt lhtm Of SNapiini1 Description Quantity late Total _ 10-30~95 Pier Inspeelion, Ovu time tele (before 7:30 0.~; hx~ S40.16 S20.08 am, allan' 5:00 10-31-95 fret lnsVedion, Ov~ ~n~ re~ tlea'ore 7:30 0.5 hrs $40 16 $20.08 _ am, e4~r 5:00 11-01-95 Pier lepedion ~n, Ov'ez time ~ae 0.5 hrs $40.16 $20.0~ (befor~ ?:30 am, e.ear 5:00 pro) ' 11-OI-95 Pier lmlxk-tion eanr. a41atiou. Regular xhno 2.25 htm $29.75 $66-94 11-01-95 Trip Cbm~go Iea $12.50 $12.50 -- ll-O2-i/4j ~ Imp~Tion. Over Hme rm~ Cod~re 7:30 0.5 hrs S40.16 $20.08 11-03-95 Pt~ lnspmuUon, Over thxxe ~ Coalore 7:30 0.5 hts $40-16 $20-08 -- waxt, L~0c $;00 pro) 11-436-95 Pisc ~on. Over time ra~ CooforE 7;30 0.5 hra S40.16 $20.01i am. attot 5:00 pzn) 11-(17-~ Pint lmpeetion, Ovm~ time rate Coef~te 7:313 0.5 i~ S40.16 $20.08 aimre, ~ ~:{]} pro) -- l 1-~8-9.q ~ Inslm~slon, ov~ tim~ am, ~ $:00 11-0~-95 l~iet Impelion, Dwt lime rate (I,efote ~;30 0.5 hn $40 16 $20.08 -- on, al~nr 5:00 pro) 04/08/96 MON 14:30 FAX 6172245153 NATGUN ~]008 GEE Consultants, Inc. 2540 GLenda Lane Suite 108 Dallas, Texas 75229 CITY $300.32 '7 04/08/96 MON 14:30 FAX 6172245153NATGUN ~]009 '' GEE Consultant, Inc. 2540 Glenda Lan~ · Suite ~108 , D~I~, Texas 75229 · (214) 620-9791 · Fax (214) 62~9794 INVOICE ' To: Mr. Bob Barbarisi, Jr. Invoice No.: 5258-4 Natgun Corporation Invoice Date: December 26, 1995 Eleven Teal Road -- Wakefield, MA 01880-1292 -- Project: Field and Laboratory Testing Performed December, 1995 6.0 MG Ground Water Storage Tank _ Coppoll, Texas Ten~: Du,~ Upon Receipt _ Date of SampLing Description Quantity Rate Total 12-09-95 concrete Mix Inspection, Over lime rate 9.5 hrs $10.41 $98.90 -- (Saturday) 12-09-95 Concrete Mix Inspection, Over time rate 6.0 his $40. I 6 $240.96 (befor~ 7:30 am, after 5'.00 pro) _ Please Pay ~/r)/: $339.86.6_ 04/08/96~ MON 14:30 FAX 6172245153NATGUN~010 ' __G_G GEE Consultants, Inc. ~"_ - I . ........ . -ii ' , ._. "I ': ... '_ ' 25,~ Gleneta Lane , Suifg t/l~:.. - Dallas, Texas 75229 · (214} 620-9791 · Fax (214) 620-9794 -- __C~C ~H.r'R P,,A3O __ ,KF_.J _ _WFC KEG NjB ....DjH 'WGC - ' ___.A!_D ~GDO JGM To: Mr. Bob Barbarisi, Jr. !avoicc No.: 5258-5--'~.''M __EFH .MEG _ Natgun Corporation Invoic~ Date: IraautO. ~'~t96.__PAW ~__PP_, Eleven Teal Road Wakefield. MA 01880-1292 Pr,jec~: Field ~t L,boramr./T~ting Perform~ January. 1996 ' 6.0 M6 GrouM Wa~r Smragc Tank Coppcli. Tex~s Tu-~: Du, U~n D-re ef I~scrll~io~ qu~tlt~ R,te ToUd .qamplil~ 1.".-29-9~ Concr~rc ML~ Luspec~io~ 7.0 hrs $29.7S 12-29-9S Co~cf~u: Mi~ Inspection. Over Cu~c ra~ 1.0 hr~ .~0.16 $40.16 ' (,hcr S:00 pro) 12-29-9~ Concr~u~ Cyli~ien 10 u $1~.00 $130.00/' ' 12-19-9S Cyli~r Molds for Field Hold Cylim~s 12 c~ $1.00 $12.00 12-29-9f Trip Chm-p 1 e~ .~25.n0 $2S.00 Ol -02-96 Concrea: Mix Inspection, Regular tlznc rat~ 6.5 hrs S29.75 $19].38 0i 42-96 ConcrCt= Cylina¢rs 9 Ca Sl3.0O $117.00// ' 01-02-96 Cylindtr Molds for Field Hold Cylinclers 7 u St .00 $7,00 ~" 01-02-96 Trip Chazge 1 ~a .~25.00 $25.00 ~1-03-96 Concrete Mix In~l~ction, Regular tim= rile 7.5 las $29.75 ~221.13 0l-03-96 Concrete CylLmi=rs 8 ¢a S13.00 $104.00 ' O]-03-96 Cylinder Molds for Fielet Hold Cylin~rs 8 ea $1.00 $8.00 / 01-01-96 Trip Charge 1 ea $25.00 $25.00 ~dao:~o 86 't~ 04/08/..9.6 MON 14:31 FAX 6172245153 NATGUN ~011 01.-04-.q6 Concrete Mix I~on, R~s~ ~e nt~ 7,5 ~s $29-75 ~ ~23.13 M0-16 ' 3~-96 C~re~ M~ I~p~Uon, ~ fi~ ra~ 1.0 ~s ~. 16 (b~foze 7:30 m, at 5:~ _ 0!~-96 Cyl~r Molds for Field Hol~ Cy~d~s 12 ~ 01-05-96 Concr~ M~ Imp~ho~ ~ ~e rat~ 7.5 ~ $29.75 i223.13 -- 0]-05-~ Co~ M~ I~p~, Ov~ ~ ta~ 1.0 ~s ~40-16 ~0, 01-0i-96 Concrete Cy~ers 9 ~ 0i~5-96 cylm~r Mol~ for Field Hold Cy!~rs 10 M 0k-08-96 Co~rem M~ ~ Reb~ hs~on~ Re~l~ 7.75 ~s $29.75 mc ' 0:-08-96 Co~rem M~ ~don, Over dine ra~ 1-0 ~s ~0. (~fore 7:30 m, ~r 5:~ pro) -- 9]-08-~ Co~r~ Cylm~n ~ ea $i3.00 01-08-96 Cy~cr Molds for R~ HoW CySts 6 en -- 0i-08-96 Trip Ch~ge tea $~5.~ $2~.00 0;-09-96 Co~tez M~ ~p~don, Re~ mc xm ~.75 ~s $2~.75 $230.56 $40,16 ' 01-~-96 Concrete M~ ]~don, ~ me raz 1.0 ~s $40.16 ~fon 7;30 m, ~ 5:00 pro) _ 0~-~-96 C~ Cyl~s. 9 u 0~-09-96 Cy~d~ MoI~ Ior Field Hold Cyl~s ~0 _ 03-09-96 Trip C~ge 1 O~-10-96 Conctez M~ I~don, ~ ~e ra~ 1,~5 ~s $29.75 $230.56 ~.16 -- 01-10-96 Co~tm M~ I~on, ~ ~ t~ l.O Rs m.16 (before 7:30 m, ~r 5:~ p~ 05-10-96 Co~re~ Cy~ders 9 ' 0;-1~96 Cyl~er Molds for F~d Hold Cy~5 10 ea $1.~ $10,OO 0~-10-96 T~ C~gc 1 ~ $2~,~ $25-00 01-11-96 Concre~ M~ I~p~on, Re~l~ time ~m 7.75 ~ 529-75 $230.56 $~.24 _ 0 )- l 1-96 Conc~ M~ l~don, ~ez ~ ra~ I. 5 ~s ~. 16 (before 7:30 ~, ~ 5:~ pro) · ' ' ' "' XDyoite No. ~-~-q-, L'q.'~'COnmltmats, Inc. Pqc 2 of z Coppttt Water Tank 04/08/96 MON 14:31 FAX 6172245153 NATGUN ~012 Date of Description Quantity Rate Total Sampling 01-11-96 Conczete Cylinders 9 ea .$13.(K) Sl 17.00 0l.-11-96 Cyllruiar Molds for i,. i4 ttold Cylinders 10 ea $1.00 510.00 0l-11-96 Trip Chaxge 1 ea $25.00 $25.00 01-12-96 Concrete MLx Inspection, 1L~ular time rate · 7.75 lXTS $'29.75 $250.56 0}.-12-96 ConcrEte Mix Inspinion. Over tim~ r~r~ 0,5 hrs $40.16 $20.05 (before 7:30 sin. after 5:00 01-12-96 Concrem Cylinders 9 e.a $13.00 '$117.00 01-12-96 CylindEr Molds for Fielcl Hold Cylinders !0 es $1.00 $10.00 01-12-96 Trip CharBc 1 u $25.00 $25.O0 01-15-96 Con~cm Mix Insp~fi~n, R~h~r fir,,. rate 73f krs $29-?5 $230-56 01-15-96 Concretc Mix Inspection. Over tizne rsu~ 1.O hrs $~0.16 $40-16 (before 7;10 am, sf'~r 5:00 pro) 0,'-15-96 Concrer~ Cylinders 9 ea $13.00 01-15-96 Cylinder Molds for Field Hold Cylinders 10 ea $1.00 SlO.00 0~-15-96 Trip Charie I ca $25.00 $25.00 01-1.6-96 Concret~ Mix Inspacnon, Regular time rate 825 hrs $29.75 $245.44 O] 46-96 Concrete Cylinders 8 ~ $13.OO .$104.00 0~.-16-96 Cylinder Molds for Field 14o1,~ Cylind=rs 8 e~ $1.00 $8.00 01-16-96 Trip Ch~rle 1 el $25.00 525.00 04/08/96 MO.N. 14:31 FAX 6172245153 NATGUN ~013 ' ' G [OT[CHNIC. AL ........ GEE Consultants, Inc. ENVI~ONMEN'rAL 10046 Monroe Drive · Dallas. Texas 75229 ., (214) 352-5433 . Fax (214) 352-6972 ' I INVOICE[ - 0 . To: Mr. Bob Barbarisi, Jr. Invoice No.: 5258-6 ..... _I._.,...,' ' ....... Natgun Corporation Invoice Date: February.-29, I996.._~::: .~ .::: 7Cck.~,., ~1 -- Eleven Teal Road Wakefield, MA 01880-1292 Project: Field and Laboratory Testing Performed February, 1996 _ 6.0 MG Ground Waler Storage Tank Coppcll. Texas Terms: Due Upon Rccclpt Date of Description Quantity Rate Total Sampling ' 01-04-96 Rebar lnspeczion, Overtime rate (before 7:30 0.5 los $40.16 $20. 0~) am. after 5:00 pro) _ 01-11-96 Rebar Inspection. Over time rate (after 5:00 0,25 hrs $40.16 $10.0 pro) 02-14-96 Pick Up Shotcrete Test Panel, Regular time 2.0 hrs $29.75 $59.50 )sh.,,~ -- rate 01-1,t-96 Trip Charge Iea $1~2.50 $1~2.50 ' 02-21-96 Concrete Mix Inspection Cancellation, 1.5 hrs $29.75 $44.6] ) wh~ 7.. Regular time rate _ 02-21-96 Concrete Cylinders 9 ea $H.00 $117.00 ) 02-21-96 Trip Charge I ca $12.50 $12.50 Please Pay $2?625 COPY OF _ CANCELLATION REPORTS FOR THE PROJECT - VILLAGE PARKWAY GROUND STORAGE RESERVOIR NO.2 T. EOTECHN ICAL T ' E GEE Consultants, inc. GEOTECHNICAL ENGINEERING E VIRONMI~N]AL 2540 Glenda Lane · Suile 108 · I)allas, 'lexas 75229 · (2'14) 620-979l · Fax (214) 620-9794 GENERAL REPORT -- Report Date September 5, 1995 Test Date: August 29, 1995 Client Cit~ O[ Coppell General Report No.: Project 6.0 MG Water Storage Tai~ Pr¢Oect No.: 95-0220 Identification Callcel latioil Method of Test N/A Results Scheduled time: 8:00 ant Type of service scheduled: Pier Insl~cction -- Time left lab: 7:45 am Time arrived at job: 8:05 am Time left job: 10:15 ant Time returned lab: 10:30 am Total Charged Time: 2.75 h,'s. Reason: Allied drilling pulled stuck casing from pier A.5-14.3, then begau removing water from pier hole. Then pier rig broke down. Cancelled inspection for rest of day. Technician: EOTECLIN ICAL ' E GEE Consultants, Inc. -- E INVIRONML:NTAL , 2540 Glenda Lane · Suite 108 · I)allas, 'Ibxas 75229 · (214) 620-9791 · Fax (21.4) 620-9794 GENERAL REPORT -- Report Date September 21, 1995 Test Date: September 19, 1995 Cliem City o1' Copl~ell General Report No.: 2 Project 6.0 MG Water Slotage Tank I'roject No.: 95-0~ 161 ~ ' Identification Cancellation Method of Test N/A _ Results Scheduled time: 8:00 am Type of service scheduled: Time left lab: 7:00 mu Time arrived at job: 7:30 am Time left job: 11:00 am Time returned lab: 11:30 am Total Charged Time: 4.5 lu's. Reason: Two (2) piers started but uot penetrated. Due to rain, ground too wet to concrete. Technicimp: P.Chen cc: Mr. Larry Davis - City of Coppell ~L Mr. Bob Barbarisi, Jr. - Natgun Corporation _ Mr. Gary Hendricks - Shimek, Jacobs and Fiuklea ., .EOTEGHNICAL ' E GEE Consultants, Inc. -- E INVIRONMENTAL 2540 Glenda Lane · Suile '108 · Dallas, 'lcxas 75229 · (214) 620-9791 · Fax (214) 620-9794 GENERAL REPORT _ Report Date September 21, 1995 Test Date: September 20, 1995 Client Cit~ of Copl~ll Genend Report No.: 3 Project 6.0 MG Water Storage Tank Project No.: 95-~ {~ ~ ' Idemification Cancellatiol~ Method of Test N/A Results Scheduled time: 8:00 mn Type of service scheduled: Pier Inspection -- Time left lab: 7:15 am Time arrived at job: 7:45 am Time left job: 9:45 am Time returned lab: 10:15 am Total Charged Time: 3.0 hrs. Reason: Natgun asked technician to wait to see if pier drillers would be able to access site after light rain on 9/19/95. Site was too wet. Technician: P.Chcn cc: Mr. Larry Davis - City of Coppell _ Mr. Bob Barbarisi, Jr. - Natgun Corporation Mr. Gary Hendricks - Shimek, Jacobs and Finklea EOTEC H N I CAL ' ' E GEE Consultants, Inc. -- E NVIRONMENTAL 2540 Glenda Lane · Suile 108 · Dallas, ]exas 75229 · (214) 620-979~ · Fax (214) 620-9794 GENERAL RF, PORT -- Report Date November 6, 1995 Test Date: October 31, 1995 Client City Of Coppell General Report No.: 4 Project 6.0 MG Water Storage Tank l'roject No.: 95-02J"/0 Identification Pier Inspection Method of Test Visual Observation Results Scheduled time: 7:30 am Type of service scheduled: Pier Inspection Time left lab: 7:00 am Time arrived at job: 7:25 am Time left job: 11:30 am Time returned lab: 11:45 am l'otal Charged l'ime: 4.75 hrs. Reason: Contractor set 5 pipes for casiug, but they did not pour concrete due to wet conditions in the field. Concrete truck can not move ou pad so they decided to cancel. Technician: P.Chen cc: Mr. Larry Davis - City of Coppell Mr. Bob Barbarisi, Jr. - Natgun Coq~oration Mr. Gary Hendricks - Shimek, Jacobs m~d Finklea ' EO~ECI4NICAL ' E GEE Consultants, Inc. ~ E ~ NVIRONMENIAL 2540 G[enda Lane · Suite 10,3 · Dallas, 'lexas 75229 · (2 14) 620-9791 · Fax (214) 620-9794 GgNgRAL RgPORT -- Report Date November 6, 1995 Test Date: November l, 1995 clieut Natgun Corporation General Report No.: 5 Project 6.0 MG Waler Storage Tank Project No.: 95-0196 Identification Pier Inspectiot~ Method of Test Visual Obserwttion Results Scheduled time: 7:30 am Type of service scheduled: -- Time left lab: 7:00 am Time arrived at job: 7:20 am Time left job: 9:30 am Time retunled lab: 9:45 am Total Charged Time: 2.75 hrs. Reason: Ground surface was too wet, coilcrete Call Ilot Illore. Technician: P.Chen cc: Mr. Larry Davis - City of Copl~ell Mr. Bob Barbarisi, Jr. - Natgun Corporation _ Mr. Gary tlendricks - Shimek, Jacobs and Finklea EOTECt INICAL ' E GEE Consultants, Inc. ' ' "~"1 NVIRONMEN'!;,%L 10046 Momoe Drive · Dallas, Texas 75229 · (214) 352-5433 · Fax (214) 352-6972 GENERAL REPORT -- Rel~orl Dale March 5, 1996 Test Date: February 21, 1996 Clicn| Cily o1' Copl~cll General I~,cl,ort No.: 18 I'ro. jecl 6 .{_) lVlG Walcr Storage Tank lh'oject N,.: 95-196 ldentilicalion Callcclhlljoll Mclhud ~,l' 'l'csl N/A, Results Scheduled time: 8:00 am _ Type of service scheduled: Concrete lnsl}ection Time left lab: 7:15 am Time arrived al job: 8:00 am -- Time Icf| .job: 8:10 am Time returned lab: 8:45 am Total Charged Time: 1.5 lu's. Reason: Cancelled upon arrival Technician: D.J./S.J. ' cc: Mr. i.,arry Davis - City of (7ol~ltcll Mr. Bob Barlmrisi, .h'. - Nalgtm Corl~oration Mr. Gary tlemh'icks - Shimek, Jacobs and Finklca ~-"L:,_::.~/(~_.' ,, COPY OF - CNA SURETY COMPANIES LETTERS TO - f' GEE CONSULTANTS, INC. ~'~ CNA SURETY COMPANIES CNA Plaza, Chicago, Illinois 60685 Mark R. Torp Director Surefi/ C/elms 13S November 19, 1996 Telephone 3312-822-5594 Facsimile 312-755-7276 _ Richard W. Gee, P.E., President GEE Consultants, Inc. 10046 Monroe Drive _ Dallas, TX 75229 _ Bond No. 137 845 895 Natgun Corporation Continental Casually Company Cily of Col~pell (Village Parkway Ground Storage Reservoir No. 2, _ Project No. WA-9302, Copl~ell, TX) GEE Consullanls, Inc. Dear Mr. Gee: We have reviewed your claim with Natgun Corporation. Natgun Corporation acknowledges liability for $1,491.00 of the claim. This amount is for the breaking of additional concrete cylinders requested by Nalgun Corporalion I~ursuant !~ an oral agreement between Natgun Corporation and GEE ' Consultant, Inc.. Natgun Corporation advises it has agreed to pay the undisputed portion. However, Natgun Corporation disputes liability for Ihe balance of the claim on the grounds it did not agree to pay for any overtime, additional lechnicians, rebar inspection, pickup charges, or rain days. Natgun ' Corporation also disputes its liability for se~ices performed by GEE Consullan~, Inc. for the CiW of Coppell on the grounds these items are not liabililies of Natgun Corporation. Natgun Corporation indicates it has agreed to pay the undisputed amount of $1,491.00. To the exlent you dispute the position taken by Natgun Corporation, please indicate the reasons why with copies of substantiating documentation. Ve~ truly yours, CNA For All the Commitments You Make~ CNA SURETY COMPANIES CNAPleza Chicago IL 50685-0001 Mark R. Torp Director Surety C/aims- 13 South January 14, 1997 Telephone 312-822-5594 Fecsirni/e 312- 755- 7276 -- Richard W. Gee, P.E., President GEE Consultants, Inc. 10046 Monroe Drive -- Dallas, TX 75229 _ Bond No. 137 845 895 Natgun Corporation Continental Casualty Company City of Col>pell (Village Parkway Ground Storage Reservoir No. 2, _ Project No. WA-9302, Coppell, TX) GEE Consultants, Inc. Dear Mr. Gee: This is a follow-up to Debbie's voice mail message of November 20, 1996 inquiring as to the status of this claim. There have been no developmenLs on the claim since my letter of November 19, 1996. Accordingly, Continental Casualty Company's posi|ion remains as stated in that letter. To the extent you dispute the i~osition taken by Nalgun Corporation, please indicate the reasons why with copies of substantiating documentation. - ., Mark R. To _ A C BtGYy of Cornmmnent