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Re: FW: LSJ Proposal

2 messages picture_as_pdf Source PDF
J
J. Epstein May 23, 2006 7:56 PM
To
Rich Kahn

in a 1200 square foot, baically one room biolding how
can that be?

--- Rich Kahn rkahn@nysgmail.com wrote:

After I spoke with John this afternoon he sent me
the attached email correspondence. Upon receipt of
Maguire's lump sum price I will forward to you.

Rich Kahn

New York Strategy Group LLC

457 Madison Avenue

Fourth Floor

New York, NY 10022

tel 212-891-6430

fax 212-750-2408

rkahn@nysgmail.com


From: John Amerling [mailto:jamerling@viaccess.net]
Sent: Tuesday, May 23, 2006 2:29 PM
To: Rich Kahn
Cc: daniel@molyneuxstudio.fr
Subject: FW: LSJ Proposal

Recording our conversation just moments ago after I
spoke with Mr. Molyneuz, I will immediately secure a
lump sum price and present it to you, Darren, and
Mr. Epstein not later than the close of business
Thursday.


From: John Amerling [mailto:jamerling@viaccess.net]
Sent: Tuesday, May 23, 2006 2:18 PM
To: 'daniel@molyneuxstudio.fr'
Subject: FW: LSJ Proposal

Juan Pablo:

The text of my e mail to Darren yesterday is set out
below. The concern at issue arises out of a figure
which appeared in a proposal from Maguire for all
services: all disciplines, not just electric, plus
coordination responsibilities. Please contact me if
you have comments or questions.


From: John Amerling [mailto:jamerling@viaccess.net]
Sent: Monday, May 22, 2006 4:50 PM
To: Darren Indyke (dkiesq@aol.com)
Subject: FW: LSJ Proposal

Here is a response to my call. One thing to note is
that drawing and design coordination is normally the
responsibility of the architect. From the start the
Molyneux group acknowledged the desirability of
having someone else coordinate the drawings and that
the work and effort of all the other meat and potato
engineering disciplines be done by an entity which
has "been there done that" in the Territory.
Maguire, therefore, has absorbed a scope which is
not ordinarily part of their role as Subconsultants,
although well within their competence, and has been
hired because they have "been there and done that."

I well understand Mr. Epstein's desire to put the
brakes on any organization or person who tries to
charge him rates which reflect his financial
capabilities as opposed to the basic value of the
service rendered. Here is how I propose to handle
this situation in order to assure that
"substantially below" the lump sum amount is a
meaningful amount of money:

  1. I will have a "where are we and where are we
    

going" discussion with Barry every two weeks at
which time I will get a précis of time in today and
time projected to get where we have to go tomorrow;
and

  1. I will track the time and projected amounts
    

coming out of these conversations in my reports to
Mr. Epstein; and

  1. We will make an especially thorough review of
    

all of the hours and all of the charges before any
bill is forwarded to Mr. Epstein for payment.

I have had a number of dealings with Barry Kimball
over the years here and I have found him to be
receptive to this kind of surveillance and receptive
to properly applied, polite pressure to make sure
charges are commensurate with the value given.

Please let me know if this measure helps put Mr.
Epstein at ease about an issue which is justifiably
of concern.


From: Barry Kimball
[mailto:BKimball@MaguireGroup.com]
Sent: Monday, May 22, 2006 3:48 PM
To: John Amerling
Cc: Len Topp
Subject: LSJ Proposal

Hi John: In response to your inquiry about the
engineering fees for the Office Pavilion:

I our original proposal we requested a lumps sum fee
of $140,000 for the design coordination and civil,
geotechnical, structural, mechanical and electrical
engineering associated with the Office Pavilion.
Subsequently you requested that we perform the work
on a time and expense basis and the proposal was
revised on April 25th with the $140,000 becoming a
fee estimate in lieu of a lump sum.

I would expect that if the project continues at the
pace and schedule that has been established at this
point the total fees will be substantially below the
$140,000 which was originally submitted. A lot
depends upon changes made by the Architect or Owner
during the course of the work. We have scheduled
submission at the 30%, 70% and 100% milestones.
When estimating a fee we add contingencies for
shifts in either the building program or basis of
design, particularly when working for an Owner and
Architect with which we have no previous experience.
The $140,000 included these contingencies.

The other thing to remember is that Maguire is
coordinating the preparation of the design packages.
This is usually the responsibility of the
Architect, but it was determined early on that
Maguire may be best to handle this due to our
familiarity with the requirements of the Virgins
Islands. This adds significantly to our scope of
work (at the same time taking away from the
Architect's). Also, remember this is not just a
building. A significant effort will be required to
design the seawall on the ocean side to protect the
structure from hurricanes and erosion.

I think, under the circumstances, the time and
expense basis is the best way to proceed. It is
fair to both parties and I can assure you we will
scrutinize closely the charges of our various
technical groups to make sure they align with the
effort required to produce the work.

If you have any questions, please give me a call.

Barry W. Kimball, PE
Senior Vice President
Director - Land Development
Maguire Group Inc.
110 Corporate Drive, PO Box 6619
Portsmouth, NH 03801
Tel: (603) 433-0004
Fax: (603) 433-0006
bkimball@maguiregroup.com

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http://mail.yahoo.com

J
J. Epstein May 23, 2006 9:56 PM
To
Rich Kahn

what sea wall are they talking about??

--- Rich Kahn rkahn@nysgmail.com wrote:

After I spoke with John this afternoon he sent me
the attached email correspondence. Upon receipt of
Maguire's lump sum price I will forward to you.

Rich Kahn

New York Strategy Group LLC

457 Madison Avenue

Fourth Floor

New York, NY 10022

tel 212-891-6430

fax 212-750-2408

rkahn@nysgmail.com


From: John Amerling [mailto:jamerling@viaccess.net]
Sent: Tuesday, May 23, 2006 2:29 PM
To: Rich Kahn
Cc: daniel@molyneuxstudio.fr
Subject: FW: LSJ Proposal

Recording our conversation just moments ago after I
spoke with Mr. Molyneuz, I will immediately secure a
lump sum price and present it to you, Darren, and
Mr. Epstein not later than the close of business
Thursday.


From: John Amerling [mailto:jamerling@viaccess.net]
Sent: Tuesday, May 23, 2006 2:18 PM
To: 'daniel@molyneuxstudio.fr'
Subject: FW: LSJ Proposal

Juan Pablo:

The text of my e mail to Darren yesterday is set out
below. The concern at issue arises out of a figure
which appeared in a proposal from Maguire for all
services: all disciplines, not just electric, plus
coordination responsibilities. Please contact me if
you have comments or questions.


From: John Amerling [mailto:jamerling@viaccess.net]
Sent: Monday, May 22, 2006 4:50 PM
To: Darren Indyke (dkiesq@aol.com)
Subject: FW: LSJ Proposal

Here is a response to my call. One thing to note is
that drawing and design coordination is normally the
responsibility of the architect. From the start the
Molyneux group acknowledged the desirability of
having someone else coordinate the drawings and that
the work and effort of all the other meat and potato
engineering disciplines be done by an entity which
has "been there done that" in the Territory.
Maguire, therefore, has absorbed a scope which is
not ordinarily part of their role as Subconsultants,
although well within their competence, and has been
hired because they have "been there and done that."

I well understand Mr. Epstein's desire to put the
brakes on any organization or person who tries to
charge him rates which reflect his financial
capabilities as opposed to the basic value of the
service rendered. Here is how I propose to handle
this situation in order to assure that
"substantially below" the lump sum amount is a
meaningful amount of money:

  1. I will have a "where are we and where are we
    

going" discussion with Barry every two weeks at
which time I will get a précis of time in today and
time projected to get where we have to go tomorrow;
and

  1. I will track the time and projected amounts
    

coming out of these conversations in my reports to
Mr. Epstein; and

  1. We will make an especially thorough review of
    

all of the hours and all of the charges before any
bill is forwarded to Mr. Epstein for payment.

I have had a number of dealings with Barry Kimball
over the years here and I have found him to be
receptive to this kind of surveillance and receptive
to properly applied, polite pressure to make sure
charges are commensurate with the value given.

Please let me know if this measure helps put Mr.
Epstein at ease about an issue which is justifiably
of concern.


From: Barry Kimball
[mailto:BKimball@MaguireGroup.com]
Sent: Monday, May 22, 2006 3:48 PM
To: John Amerling
Cc: Len Topp
Subject: LSJ Proposal

Hi John: In response to your inquiry about the
engineering fees for the Office Pavilion:

I our original proposal we requested a lumps sum fee
of $140,000 for the design coordination and civil,
geotechnical, structural, mechanical and electrical
engineering associated with the Office Pavilion.
Subsequently you requested that we perform the work
on a time and expense basis and the proposal was
revised on April 25th with the $140,000 becoming a
fee estimate in lieu of a lump sum.

I would expect that if the project continues at the
pace and schedule that has been established at this
point the total fees will be substantially below the
$140,000 which was originally submitted. A lot
depends upon changes made by the Architect or Owner
during the course of the work. We have scheduled
submission at the 30%, 70% and 100% milestones.
When estimating a fee we add contingencies for
shifts in either the building program or basis of
design, particularly when working for an Owner and
Architect with which we have no previous experience.
The $140,000 included these contingencies.

The other thing to remember is that Maguire is
coordinating the preparation of the design packages.
This is usually the responsibility of the
Architect, but it was determined early on that
Maguire may be best to handle this due to our
familiarity with the requirements of the Virgins
Islands. This adds significantly to our scope of
work (at the same time taking away from the
Architect's). Also, remember this is not just a
building. A significant effort will be required to
design the seawall on the ocean side to protect the
structure from hurricanes and erosion.

I think, under the circumstances, the time and
expense basis is the best way to proceed. It is
fair to both parties and I can assure you we will
scrutinize closely the charges of our various
technical groups to make sure they align with the
effort required to produce the work.

If you have any questions, please give me a call.

Barry W. Kimball, PE
Senior Vice President
Director - Land Development
Maguire Group Inc.
110 Corporate Drive, PO Box 6619
Portsmouth, NH 03801
Tel: (603) 433-0004
Fax: (603) 433-0006
bkimball@maguiregroup.com

BEGIN:VCARD
VERSION:2.1
X-GWTYPE:USER
FN:Barry Kimball
TEL;WORK:15
ORG:;Civil - Admin
EMAIL;WORK;PREF;NGW:BKimball@MaguireGroup.com
N:Kimball;Barry
ADR;DOM;WORK;PARCEL;POSTAL:;Portsmouth

LABEL;DOM;WORK;PARCEL;POSTAL;ENCODING=QUOTED-PRINTABLE:Barry

Kimball=0A=
Portsmouth
END:VCARD


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1419 files from the DOJ Epstein case media release. All files are public records from justice.gov.

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