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WA9302-CS 960123SHIMEK, JACOBS & FINKLEA CONSULTING ENGINEERS Phone: (214) 361-7900 FAX: (214) 361-0204 Subject: City of Coppell Village Parkway Ground Storage Tank No. 2 94 155 Memorandum To: Files From: Gary C. Hendricks Date: January 23, 1996 Re: Construction Progress Meeting Tuesday, January 23, 1996 -- 9:30 am City of Coppell Conference Room In Attendance: Larry Davis -- City of Coppell Bob Barbarisi -- Natgun Corporation Gary Hendricks -- Shimek, Jacobs & Finklea Matt Hiekey -- Shimek, Jacobs & Finklea Discussion Items: 1. Water Stop around perimeter of Tank Natgun responded to our letter dated January 9th, requesting confirmation of the performance of the waterstop. Their letter dated January 18th responded to our request and was forwarded to the City. A brief discussion of the contents of Natgun's letter and a verbal assurance of the water stop performance was provided by Barbarisi. Larry Davis asked what procedures are in place in the event the water stop fails after the tank walls are constructed. Barbarisi explained that in the event a leaking the water stop occurs, Natgun would likely try an epoxy injection repair. 2. Exterior Paint Color Selection Natgun has requested the City re-select colors for the exterior coating system on the tank. A new color chip panel was given to Larry Davis for this purpose. Larry is to get back with us with the City's selection. 3. Scaffolding/Shoring for Dome Panels Natgun was asked to respond to our Jan. 9th and 15th letters which requested copies of the shoring plans, calculations, and inspection report. Barbarisi explained the procedures used by Natgun in the design, use and inspection of the shoring system. He agreed to provide a written response to our request outlining Natgun's use and inspection of the shoring system. His letter will include a statement relative to the findings of Natgun's own inspection of the system. We can expect that letter prior to the dome panel erection scheduled to begin later this week. Memo to: Files City of Coppell Village Parkway G.S. No. 2 January 23, 1996 Page No. 2 4. Testing and Inspection procedures and invoices. We are in receipt of invoices from Gee Consultants, Inc. dated September, October, November and December, 1995 to Natgun for over-time charges related to pier inspection. We have not yet received a response to our two letters to Natgun dated January 15, 1996 requesting status of the payments due. Following is a summary oft he charges owing: Invoice Date Brief Description Total AmOUnt DUe September 25, 1995 Pier Inspection -- Overtime $734.42 October 26, 1995 Pier Inspection -- Overtime $712.84 November 27, 1995 Pier Inspection -- Overtime $300.32 December 26, 1995 Slab Pour -- Overtime $339,86 Total Amount Due: $2087.44 Natgun stated their position on this matter. In general, it was their understanding that they did not request any additional testing, or personnel during the pier construction portion of the project. They did agree that in order to maintain their schedule, they did request to work beyond the established contract working hours. The City reviewed the request and granted permission. As a result, the testing lab personnel were called to the job site outside normal working hours and overtime charges were incurred. Procedures for requesting testing were outlined during the pre-construction conference for this project. In an attempt to expedite the work and not delay the contractor, the City agreed to allow Natgun to notify the testing lab of when work was progressing that required quality control and testing. A review of the City's contract with Gee Consultants finds no provisions for overtime charges. Natgun agreed that overtime charges occurred, but does not see that the responsibility for payment lies with them. Larry Davis explained that the testing, just as the inspection by the City was subject to overtime charges as provided in the project contract documents ( reference specification items 2.19, page 2-6 and item SC. 19, page 5-7). He explained again that the City' s contract with Gee did not provide for overtime and that the City had no way of paying for these charges. We suggested that possibly a method of resolving this issue was through a negotiated change order providing for payment of some of the overtime charges by the City with the balance to be paid by Natgun. In this approach, the City' s contract with Gee would still hold and no overtime charges would be paid directly to them but rather through Natgun. Bob Barbarisi stated he would work up a change order proposal to the City through our office. We spoke separately with Gee and indicated we are working with Natgun to resolve the testing payment problems. He indicated that the next billing will go out on January 25 and would include all charges to date. We explained that the matter may not be resolved before the end of this month and that it is unlikely that Coppell will withhold payments to the contractor for unpaid bills on the next pay request. At this stage, all the dome panels and wall panels are poured. Natgun will review the schedule of testing anticipated by the City and indicate if they believe any additional overtime will be required to complete the project given the test expected to be conducted by the City.