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WA9302-CS 960115 (2) SHIMEK, JACOBS & FINKI,EA 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. HENDRICKS, P.E. January 15, 1996 C. L. SHIMEK, P.E. I. C. FINKLEA, P.E. JAMES E. LAUGHLIN, P.E. Natgun C orporation 11 Teal Road Wakefield, Massachusetts 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 make the any necessary arrangements you may require for additional testing services or procedures. Gary C. Hendricks, P.E. Closure ~ Mr. Larry Davis SHIMEK, JACOBS & FINKI,EA 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. HENDRICKS, P.E. January 15, 1996 C. L. SHIMEK, P.E. I. C. FINKLEA, P.E. JAMES E. LAUGHLIN, P.E. Natgun Corporation 11Teal Road Wakefield, Massachusetts 1880 Re: City of Coppell Village Parkway Ground 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 Consultants, are for the sole benefit of the City. Any additional testing 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 stating that there are no outstanding claims or liens on this project. Please review your files and notify us of the status of these payments due. Sincerely Yours, Gary C. Hendricks, P.E. t.~/~cC: Mr. Larry Davis