SS9402C-CS 960729The City With A Beautiful Future
P.O. Box 478
Coppell, Texas 75019
214-462-0022
July 29, 1996
Doug Bisballe, Vice President
Pate Brothers Construction, Inc.
780 West Mansfield Hwy.
Kennedale, TX 76060
Re: Bethel Road Sanitary Sewer Line SS 94-02C
Dear Mr. Bisballe:
I received your fax on July 26, 1996 and did attempt to contact you at 5:30 p.m. on that same
day. I will be out of town the week of July 29 through August 2 and will be back in the office
on August 5, 1996. I am somewhat confused about the $8,000 mentioned in your letter. Our
last estimate//4 was very clear in the fact that we had a 500 foot agreement in the amount of
$4,000. This was included with our last pay estimate. It is my understanding that that check
has been accepted by Pate Brothers Construction, Inc. During a meeting attended by you, Mike
Martin, Garreth Campbell and myself we discussed what it would take for you to walk away
from this section of the project. It was our opinion that to correct the problem would require
at least 970 feet of pipe to be relaid. It was our understanding during that meeting that you
stated it would take $4000 to walk away from the project. At no time either before, during, or
after that meeting was there any conversation about paying or not paying for trench safety.
Taking trench safety out of the mix, the only difference between the $4,000 agreement and the
$8,000 proposal is approximately $325. If in fact your intent is to also be paid for trench safety
then there is an approximate difference of $4,000 from what you have accepted as payment and
what you are requesting to be paid. Please verify that number in writing to the City.
I want to be very clear on one other comment in your letter. You stated that if there was any
misunderstanding about this offer then you would reinstall the portion of the sewer line that is
unacceptable to the City per plan grade. Please be advised that with your knowledge that section
was reconstructed by another contractor and therefore you are not authorized to enter upon the
sewer line project west of Freeport Parkway. Your f'mal on that section has been completed and
the check has been accepted by your company. Also, you are aware that your bonding will. stop
at Freeport Parkway and you will not be bonding the section of the project west of Freeport
Parkway. So again, you are not authorized to enter that section of the project to reconstruct the
sewer line referenced in your letter.
If you are concerned about the sewer line being installed to plan grade, I would request that you
resurvey each and every manhole along the stretch of this project to insure that all of it has been
constructed to plan grade. This request is predicated on the fact that you are concerned about
it being installed to plan grade and the fact that you have indicated that some of the sewer line
is deeper than what the plans show. I am also concerned about whether or not the sewer line
was installed deeper than the plans showed.
If you are able to mobilize by August 5, as your letter states, then I would request that you
mobilize and complete the section of Grapevine IV adjacent to Denton Tap Road that includes
the siphon. As has been stated to you previously, we have acquired that easement and we have
agreed to the mobilization fees for that construction. Also, when you mobilize we need you to
revisit the section of Bethel Road east of Freeport. We are continuing to have problems with
the settling of the ditch line and request that this be corrected along with the construction of the
siphon.
In summary: 1) You are not authorized to work west of Freeport Pkwy. as we released the
retainage and f'maled out that section and you are no longer the contractor on that section; 2)
If you can mobilize, I request you mobilize on August $ and start the construction of the siphon
adjacent to Denton Tap Road; 3) Any discussion concerning the payment of trench safety, in
addition to the credit offered to the City, needs to be discussed when I have return to the office;
4) When you remobilize on this project you need to also address the continuing failures with the
trench along Bethel Road.
If you have any questions please contact me.
Sincerely,
Kenneth M. Griffin, P.E.
Assistant City Manager/City Engineer