With all due respect, Airport Management did not agree to the $12,500. In effort to make some headway, the amount was proposed however once I discussed it with Joel (only moments later) and he made me aware of some other communication which I had not seen yet, I immediately called Richard back not more than 10 minutes later and told him the proposal was withdrawn. There has been no further communication on the matter between Richard or myself since. Bill Dyer Real Estate Manager Addison Airport 972-392-4856 _____ From: Nancy Cline [mailto:ncline@addisontx.gov] Sent: Monday, September 21, 2009 11:54 AM To: Richard French Cc: Clay Barnett; Mark Acevedo; joel.jenkinson@addisonairport.net; Dyer, Bill (E-mail); RDailey@iamconstruction.net; DDailey@iamconstruction.net Subject: RE: Completion of EHOAA Project Mr. French, Please refer to the three separate issues below for comments. Thank you, Nancy Cline Town of Addison Public Works -----Original Message----- From: Richard French [mailto:rfrench@msfpartners.com] Sent: Monday, September 21, 2009 8:12 AM To: Nancy Cline Cc: Clay Barnett; Mark Acevedo; joel.jenkinson@addisonairport.net; Dyer, Bill (E-mail); RDailey@iamconstruction.net; DDailey@iamconstruction.net Subject: FW: Completion of EHOAA Project Dear Ms. Cline, Thank you for your email. I appreciate that special events can intrude on normal business. My response today results from my obvious failure to clearly communicate our concerns and issues. You write in your email of September 18th: “The Town will respond to the invoice early next week and request that the invoice be re-submitted when the work is complete and the punch list items received.” You will understand when I ask which invoice and which punch list? Maybe it would be helpful to recap the payment issues: There are three separate payment issues needing the towns attention: 1. The relocation of the fire hydrant was not a part of EHOAA Developer Participation Agreement and has nothing to do with any outstanding punch list items. You will recall, Clay required the hydrant (not located on our lease, not a part of our project) be relocated prior to Certificate of Occupancy issuance. To facilitate project completion, and following Clay and Airport Management’s instructions, we agreed to effect the move and submit payment to the Airport. We have not received any information from anyone at the Town of Addison that anything remains undone or any issues outstanding, as it relates to the hydrant relocation. Correct, this should have been included on the original plan submittal. On September 10th Airport management agreed to pay $12,500 to cover their cost of the hydrant relocation. We are not involved in this and do not recommend any payment over the percentage we would have paid for a fire hydrant at a reasonable price. It should have been included in the original engineering plans. Attached is a copy of the revised invoice (IAM Construction Invoice # 10193, Dated September 10, 2009). Is this the invoice you refer to in your email? No, please see above. 2. We submitted invoice #115 on May 15, 2009. Per Clay’s instructions in July, EHOAA submitted a revised invoice (# 123 )dated August 3, 2009 (see attached) with a clear, unambiguous understanding that a partial payment of $30,000 was approved. This 45 day old invoice also remains outstanding. Is this the invoice you refer to in your email? Yes, the invoice was submitted before work was completed and due to outstanding items, needs to be re-submitted. 3. We understand the Town withholding the retainer/final payment pending the test results, (which will be forth coming this week.) That test results will complete our fourth and final punch list referenced in our email communication with Clay Barnett on September 2nd. The only other unresolved issue we are aware of concerns a concrete batch delivered on April 22, 2009. We have attached the copies of the email correspondence relating to that batch. We offered to submit a change order to credit the town in our email of May 7th (see attached email). Bill Dyer submitted our email to Clay Barnett and instructed us to wait to hear back before submitting the change order. The letter you will receive early this week addresses the amount the Town will subtract for the concrete that does not meet requirements due to low air entrainment. We never received a response. Other than these two items (the test results on a small concrete pour and the change order for a single concrete batch), we are not aware, have no information, and no written communication detailing any other outstanding issues. Please know we have completed and submitted all items on the four previous final punch lists. Is there a fifth final punch list? No. Is this the invoice you refer to in your email? Yes. Thank you, again, for your email of September 18th. We look forward to resolving all of these matters at your earliest convenience. Best regards, Richard Richard French | MSF Partners®, Inc. | President | Two Legacy Town Center | 6900 N. Dallas Parkway, Suite 770| Plano, TX 75024 | rfrench@msfpartners.com | O 972.403.0909 | F 972-403.9292 This message, including any attachments, is confidential and/or proprietary to MSF Partners® Inc. and its affiliated companies and should be read or retained only by the intended recipient. If you have received it in error, please notify the sender immediately and delete the original message. From: Nancy Cline [mailto:ncline@addisontx.gov] Sent: Friday, September 18, 2009 4:56 PM To: Richard French; Clay Barnett Cc: Mark Acevedo; Jenkinson, Joel; Ron Dailey; Ritchie Dean Dailey; Dyer, Bill (E-mail) Subject: RE: Completion of EHOAA Project Dear Mr. French, Clay has been helping the Special Events staff get the site ready for Oktoberfest tonight. There were some unexpected consequences of the rain and work had to be completed today. The Town will respond to the invoice early next week and request that the invoice be re-submitted when the work is complete and the punch list items received. We tried to help by letting the C.O. be granted but as Clay has stated, we do not have the necessary test results to reimburse for the amount invoiced. We appreciate your understanding and will be in contact with you next week. Sincerely, Nancy Cline -----Original Message----- From: Richard French [mailto:rfrench@msfpartners.com] Sent: Friday, September 18, 2009 11:38 AM To: Richard French; Clay Barnett Cc: Nancy Cline; Mark Acevedo; Jenkinson, Joel; Ron Dailey; Ritchie Dean Dailey; Dyer, Bill (E-mail) Subject: RE: Completion of EHOAA Project Dear Clay, We need your help to complete our EHOAA project. We are still awaiting the letter you were drafting on September 14th listing the remaining items needed to complete our EHOAA Developer Participation Agreement. We also have not received payment on the revised and resubmitted invoice of August 3rd for $30,000. Our agreement with the Town states invoices will be paid within 30 days of submission. We have inquired about payment of this invoice several times but have not received a response. Your note of September 14th addressed the final payment, but did not answer the status of the August 3rd invoice. Please let us know the status of the August 3rd invoice. Also, please email your letter listing the items needed prior to final payment so we can begin addressing them ASAP. Best regards, Richard Richard French | MSF Partners®, Inc. | President | Two Legacy Town Center | 6900 N. Dallas Parkway, Suite 770| Plano, TX 75024 | rfrench@msfpartners.com | O 972.403.0909 | F 972-403.9292 This message, including any attachments, is confidential and/or proprietary to MSF Partners® Inc. and its affiliated companies and should be read or retained only by the intended recipient. If you have received it in error, please notify the sender immediately and delete the original message. From: Richard French Sent: Wednesday, September 16, 2009 2:10 PM To: 'Clay Barnett' Cc: Nancy Cline; Mark Acevedo; Jenkinson, Joel; Ron Dailey; Ritchie Dean Dailey; Dyer, Bill (E-mail) Subject: RE: Completion of EHOAA Project w/attachments Dear Clay, We received our Certificate of Occupancy from the Town of Addison yesterday afternoon. Thank you for your assistance in getting it approved and processed. When we spoke on Monday, I informed you we were having the inlet on the north side re-poured. The Town of Addison’s inspector, Jose, was present Tuesday morning, September 15th during the re-pouring of the inlet. Test cylinders were taken. You are on the distribution list of EWI, the materials testing engineers. That completes the items on your final check list. I inquired about the letter you were drafting listing the items needed prior to payment and you agreed to email a copy in addition to the US Postal Service so we could address them ASAP. You did not mention any specifics but said it was mostly paperwork which needed to be completed. Please email me the list of items you require for us to complete this project. Best regards, Richard French Richard French | MSF Partners®, Inc. | President | Two Legacy Town Center | 6900 N. Dallas Parkway, Suite 770| Plano, TX 75024 | rfrench@msfpartners.com | O 972.403.0909 | F 972-403.9292 This message, including any attachments, is confidential and/or proprietary to MSF Partners® Inc. and its affiliated companies and should be read or retained only by the intended recipient. If you have received it in error, please notify the sender immediately and delete the original message. From: Clay Barnett [mailto:cbarnett@addisontx.gov] Sent: Monday, September 14, 2009 11:00 AM To: Richard French Cc: Nancy Cline; Mark Acevedo; Jenkinson, Joel; Ron Dailey; Ritchie Dean Dailey; Dyer, Bill (E-mail) Subject: RE: Completion of EHOAA Project w/attachments Richard, Concerning the CO of the building, we are verifying that we have received the required backflow test information. Assuming that this information has been submitted, Public Works will give approval for a full CO. Concerning the final payment, the Town of Addison will issue a letter listing the items needed prior to payment. Additionally, the Public Works Department was not contacted to inspect the re-pour on the inlet on the north side. Therefore, staff will need pictures provided for the inlet prior to pour and will make a determination on the adequacy of the work based on information available. If you have any questions, please feel free to contact me. Thanks, Clay Barnett, P.E. Town Engineer Town of Addison 16801 Westgrove Drive Addison, TX 75001-2818 Office: (972) 450-2857 P Please consider the environment before printing this email. -----Original Message----- From: Richard French [mailto:rfrench@msfpartners.com] Sent: Thursday, September 10, 2009 12:05 PM To: Clay Barnett Cc: Nancy Cline; Mark Acevedo; Jenkinson, Joel; Ron Dailey; Ritchie Dean Dailey; Dyer, Bill (E-mail) Subject: FW: Completion of EHOAA Project w/attachments Hi Clay, I called again this morning and left a voice mail message, but thought it best to follow up with an email as well. Since we did not get your acceptance on the Y inlet as is, we replaced and pre-poured the concrete on Tuesday afternoon, obtaining a test cylinder in the process. EWI Engineering will distribute the test results to you as soon as they are available. The seven day test should be ready Wednesday, September 16th. (The attached items are the test results sent last week on the West end grate.) This completes all outstanding items listed below. We are ready for re-inspection. Please let me know your availability. The other outstanding items we need your assistance with include: * We have not received a response on the $30,000 invoice you approved and we submitted on August 3rd. * Once you complete your final inspection, when can we expect to receive our permanent Certificates of Occupancy? * What is the process for submitting our final request for payment under the EHOAA Developer Participation Agreement? If you need any additional information, please let me know. We are both anxious to see this project completed as quickly as possible. Thank you for your assistance. Best regards, Richard Richard French | MSF Partners®, Inc. | President | Two Legacy Town Center | 6900 N. Dallas Parkway, Suite 770| Plano, TX 75024 | rfrench@msfpartners.com | O 972.403.0909 | F 972-403.9292 This message, including any attachments, is confidential and/or proprietary to MSF Partners® Inc. and its affiliated companies and should be read or retained only by the intended recipient. If you have received it in error, please notify the sender immediately and delete the original message. From: Richard French Sent: Friday, September 04, 2009 5:24 PM To: 'Clay Barnett' Cc: Nancy Cline; Mark Acevedo; 'Jenkinson, Joel'; Ron Dailey; Ritchie Dean Dailey Subject: RE: Completion of EHOAA Project w/attachments Dear Clay, I am pleased to share that we have completed all items on your Final Inspection List of September 2nd for the EHOAA Project. Two notes: 1. I have attached the test results on the large inlet at the West end of the project, as well as a picture of the rebar prior to the pour. The concrete is testing out at 7099 PSI on the large grate which is above the 5000 PSI discussed. 2. Regarding the Y inlet on the north side: As you know, we cut off the concrete top of this Y inlet and replaced it with a grate. A very small concrete pour utilizing the same materials and process as the West End inlet was used to modify the opening to accommodate the grate. Due to the small amount of concrete used in this area, EWI (Materials Testing Service) cannot obtain a reliable test result (again, see attached). An option is to re-pour the very, very small amount of concrete, obtaining a sample in the process. Unfortunately, it would take just about as much concrete for the test sample as to do the small job. We ask, respectfully, that you accept the north Y inlet in its current condition. Please advise your thoughts on item two. If you will accept the existing concrete, we are ready for re-inspection at your convenience. Best regards, Richard Richard French | MSF Partners®, Inc. | President | Two Legacy Town Center | 6900 N. Dallas Parkway, Suite 770| Plano, TX 75024 | rfrench@msfpartners.com | O 972.403.0909 | F 972-403.9292 This message, including any attachments, is confidential and/or proprietary to MSF Partners® Inc. and its affiliated companies and should be read or retained only by the intended recipient. If you have received it in error, please notify the sender immediately and delete the original message. From: Clay Barnett [mailto:cbarnett@addisontx.gov] Sent: Thursday, September 03, 2009 9:21 AM To: Richard French Cc: Nancy Cline; Mark Acevedo Subject: RE: Completion of EHOAA Project w/attachments Richard, Your summary of the comments is correct. Our primary concern is the concrete that was placed for the two inlets, since it is apparent that no testing was completed and that we were not contacted for inspections. If you have any questions, please feel free to contact me. Thanks, Clay Barnett, P.E. Town Engineer Town of Addison 16801 Westgrove Drive Addison, TX 75001-2818 Office: (972) 450-2857 P Please consider the environment before printing this email. -----Original Message----- From: Richard French [mailto:rfrench@msfpartners.com] Sent: Wednesday, September 02, 2009 3:54 PM To: Clay Barnett Cc: Nancy Cline; Mark Acevedo Subject: Completion of EHOAA Project w/attachments Clay Barnett Town of Addison Public Works Dear Clay, I wanted to follow up on our walk through this morning to confirm your expectations. * I have attached a copy of the punch listed drafted by Dave Wilde from our third walkthrough on July 24th. All items on the list were completed with the exception of item 9 (as-built plans from construction record drawings. The as-built plans are being delivered to your office today.) * During our walk-through this morning, September 2nd, you made a list of an additional nine items you want resolved. This list includes: 1) Pictures of rebar installation into grate at West end of project and a core to test the concrete (pictures attached. CD being delivered) 2) Saw cut the corner of the concrete at the south west junction of Romeo and the taxiway: fill with asphalt 3) Clean spot on Romeo in front of R2-10 Garage door 4) Core concrete on Y inlet to test concrete strength (or replace) 5) Clean and fill joint on Romeo in front of R4-18 6) Clean and fill joint on Romeo in front of R4-20 7) Clean and fill joint on Romeo in front of R6-30 8) Repair paint peeling on stripe in front of R4-20 9) Replace a patch of dead grass by north channel headwall * It is our understanding that once we address these nine items on your 4th check list, you will sign off on our project allowing us to obtain our permanent Certificate of Occupancy and present our final invoice. We plan to have all of these items completed this week. Please confirm this is your expectation as well. On a related matter, we submitted an invoice for $38,034.19 on May 15th relative to funds owed us under the EHOAA Developer Participation Agreement. Per your instructions and with your approval (instructions and approval given during our walk through six weeks later on July 24th), we resubmitted a revised invoice per the agreement (see Section 4, Paragraph B, Item iv) on August 3rd for $30,000, along with all supporting documents. Please know the invoice is still outstanding. Can you tell me when the invoice will be paid? Lastly, can you share the process for final payment of all outstanding invoices at project close? I ask in anticipation of completing your final nine item punch list this week. Thank you in advance for your assistance with these few remaining issues. Best regards, Richard Richard French | MSF Partners®, Inc. | President | Two Legacy Town Center | 6900 N. Dallas Parkway, Suite 770| Plano, TX 75024 | rfrench@msfpartners.com | O 972.403.0909 | F 972-403.9292 This message, including any attachments, is confidential and/or proprietary to MSF Partners® Inc. and its affiliated companies and should be read or retained only by the intended recipient. If you have received it in error, please notify the sender immediately and delete the original message. ******************************************************************************************************************* This e-mail and any files or attachments transmitted with it contains Information that is confidential and privileged. This document may contain Protected Health Information (PHI) or other information that is intended only for the use of the individual(s) and entity(ies) to whom it is addressed. If you are the intended recipient, further disclosures are prohibited without proper authorization. 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