I will leave that up to you all. I just always try to place myself in their position, that being that if someone else knew of something that could potentially cost me a lot of money; I would want them to tell me. Thanks, Clay Barnett, P.E. Town Engineer Town of Addison 16801 Westgrove Drive Addison, TX 75001-2818 Office: (972) 450-2857 -----Original Message----- From: Eric T. Little [mailto:ELittle@udr.com] Sent: Tuesday, February 23, 2010 1:20 PM To: Clay Barnett; 'Bruce Dunne'; Nick Jacob Subject: RE: Vitruvian Park - Earthwork Dispute We can mention what we are seeing up the road towards Spring Valley, but I just don’t want to allude that we think this is part of the problem from before. Not until we see what their take off is anyway. Thanks, Eric Little Project Manager, UDR 5430 LBJ Freeway, Suite 1250 Dallas, TX 75240 Ph: 972.774.0552 Fx: 972.991.4113 Cell: 214.641.5761 www.UDR.com From: Clay Barnett [mailto:cbarnett@addisontx.gov] Sent: Tuesday, February 23, 2010 1:18 PM To: 'Bruce Dunne'; Eric T. Little; Nick Jacob Subject: RE: Vitruvian Park - Earthwork Dispute We might mention that they are doing it, just so they can put a stop to it and not mention that it could impact the earthwork numbers. I hate to see them continue to eat this cost since it is unlikely that Forcecon will reimburse JRJ for the earthwork. FYI, I received a complaint against Forcecon on another paving job in town where they have yet to pay a sub. I am not sure about their long term liquidity. Thanks, Clay Barnett, P.E. Town Engineer Town of Addison 16801 Westgrove Drive Addison, TX 75001-2818 Office: (972) 450-2857 -----Original Message----- From: Bruce Dunne [mailto:bdunne@icon-engineers.com] Sent: Tuesday, February 23, 2010 12:48 PM To: Eric T. Little; Clay Barnett Cc: Nick Jacob Subject: RE: Vitruvian Park - Earthwork Dispute I agree. ________________________________ From: Eric T. Little [mailto:ELittle@udr.com] Sent: Tuesday, February 23, 2010 12:32 PM To: Bruce Dunne; Clay Barnett Cc: Nick Jacob Subject: RE: Vitruvian Park - Earthwork Dispute Bruce, It appears you may be correct here. That being said, Nick and I both feel like we should wait until we see what JRJ’s take off shows (and your review of that take off) before we share this info with NTC. You guys on board with that? Eric Little Project Manager, UDR 5430 LBJ Freeway, Suite 1250 Dallas, TX 75240 Ph: 972.774.0552 Fx: 972.991.4113 Cell: 214.641.5761 www.UDR.com From: Bruce Dunne [mailto:bdunne@icon-engineers.com] Sent: Monday, February 22, 2010 2:36 PM To: Clay Barnett Cc: Eric T. Little; Nick Jacob Subject: Vitruvian Park - Earthwork Dispute After our meeting on Friday, we drove up and down Vitruvian Way, and I think I now know why JRJ thinks they have moved more dirt than the 5,720 CY that is the plans. Force Con appears to have been spreading out a significant portion of their spoil material on-site instead of hauling this material off. In particular, there along Vitruvian Way just north – northeast of the intersection with Ponte, that area now appears to be a couple feet above where the pavement used to be (evidenced by the height of fill adjacent to the existing block retaining wall there in front of the Tallisker Apartments). If you drive by the site, you will see what I am talking about. I am willing to bet that this is why JRJ thinks they have already moved more dirt than indicated by the cross sections. If this is the case as I suspect it is, it is due to NTC not controlling their other sub, Force Con. BRUCE F. DUNNE, P.E. President icon Consulting Engineers, Inc. Bicentennial Financial Center 250 W. Southlake Blvd., Suite 117 Southlake, Texas 76092 Phone: (817) 552-6210 Fax: (817) 552-3126 Mobile: (817) 707-9711 ****************************************************************************************************************** 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. If you are not the intended recipient, any disclosure, copying, printing, or use of this information is strictly prohibited and possibly a violation of federal or state law and regulations. If you have received this information in error, please delete it and notify Hamid Khaleghipour at 972-450-2868 immediately. Thank you. *******************************************************************************************************************