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SS9301-CS 931222 (2) blEMORANDUlVl To: James Witt, City Manager From: Kenneth M. Griffin, P.E., City Engineer ~ RE: Grapevine Creek Sanitary Sewer Project SS 93-01 Date: December 22, 1993 On Friday, December 17, 1993 Garreth Campbell, Construction Inspector, faxed a copy of the City's holiday schedule to the sub-contractor working on the Grapevine Creek Sanitary Sewer Project. The schedule stated that City offices would be closed on Christmas Eve, December 24th; Christmas Day, December 25th; Sunday, December 26th; and Monday, December 27th. Therefore, the sub-contractor should not anticipate working on those four days. Then sub-contractor is currently micro-tunnelling from Grapevine Creek between two houses, towards the cul-de-sac in the Creekview Subdivision on East Bethel Road. He is micro- tunnelling through clay soils and is very concerned that to let his equipment set for a period of four days would cause the equipment to 'freeze up' and he would be unable to begin his operations again on December 28th. There has been some previous conversations with the sub- contractor concerning the need not to disrupt the Creekview Subdivision during the Christmas Holidays. In essence, during the micro-tunnelling process, a pit is constructed at each end of the operation. The down stream pit is where the machinery and the pipe enter and the up stream pit is the receiving pit where the equipment is removed and the manhole is constructed. The receiving pit on this run will be constructed in the cul-de-sac of East Bethel Road in the Creekview Subdivision. The sub-contractor contacted me concerning Garreth's letter and stated that they wished to continue micro-tunnelling on the 24th and on the 27th with only a two day shut down on the 25th and 26th. He stated that if they were unable to continue, that the equipment might Nfreeze up" and that the retrieval could cost upwards of $25,000 and quite possibly there could be some peripheral damage to the adjacent structures. I told him we had some concerns about open cutting the street prior to Christmas. I told him I would contact Garreth Campbell, who is on vacation this week, to get his perspective on the situation to see if there were any alternatives to the process. Before I could contact Garreth and respond back to the sub-contractor, I received a faxed notice of a potential law suit on behalf of the sub-contractor against the City of Coppell if they were unable to continue their operations. I am a little unsure as to why the sub-contractor felt it was necessary to expend his funds to have an attorney write a letter to the City on something that the City was still working to come to an agreeable solution on as we have in many other conflicts on this project. I have spoken with the general contractor, Dan Frettinger, with Kenko, concerning the operation and concerning the letter from the attorney. I informed him I was somewhat surprised that the sub-contractor felt it was necessary to go to that extreme when the City, the contractor and sub-contractor have been very successful in working out many minor problems encountered along the way. The solution discussed with the general contractor was for the sub-contractor to micro-tunnel up to where the receiving pit would be in the cul-de-sac but not to actually open cut the street prior to Christmas. On Monday, December 27th they could then open cut the street and retrieve their machinery and then start micro tunneling down East Bethel Road or set up for another run or clean up where they are currently working in the creek. The main thing was to try to hold off open cutting the street prior to Christmas. The general contractor, Dan Frettinger, felt that that would be a good solution. On December 22nd, I received a fax from Dan Frettinger stating that he had been in contact with the sub-contractor concerning the situation and the letter from the attorney. The subcontractor agreed to delay mobilization on East Bethel Road until Monday, December 27th as had previously been discussed with the general contractor. Therefore, again I am again unclear as to why the subcontractor felt it necessary to involve an attorney. Because I have received papers from an attorney, I am unsure whether this should be processed through our attorney for informational purposes or if it should be filed away for future reference. Also, after I received the letter concerning the agreement not to mobilize until December 27th, I have been informed that to be absolutely certain that the machinery will not "freeze up" between the adjacent homes, the sub-contractor will work on December 24th, 25th and the 26th to push at least one joint of pipe each day. This is basically to just operate the equipment to insure it does not "freeze They have been instructed to place notices on approximately 15 homes in the cul-de-sac area to inform them of the minor work activity on those days and that the street will be open cut on Monday, December 27th. They have also been instructed that if they are leaving the site for any period of time after they open cut the street that the pit should be plated for the safety of the citizens in the area. With this memo I am attaching the correspondence from the attorney, the initial letter from Southland Contracting and the follow-up letter from Kenko Contractors. Again, I am seeking direction as to whether or not this should be processed through our attorney or held in our files for future reference. If you should have any questions please feel free to contact me at your convenience. file/grpvne.christms.mm December 20, 1993 ~az [8~?} ep9-~98 Ken Oriffin City of Coppell P.O. Box 478 Coppell, Texas 75019 Dear Ken: We received a fax from Garreth Campbell late Friday the 17th regarding the City's holiday schedule. It was requested to not work Friday the 24th through Monday the 27th. We have some concern. The soil conditions that we are encountering have the jacking loads higher than anticipated. If we stop the jacking operation for four consecutive days, there is a possibility that the pipe will be seized by the surrounding soil and Southland can not be responsible should this occur. We feel very strongly that we should continue the drive until completed, with a maximum of two days shut down, being Saturday 25th and Sunday 26th. To complete this drive, it is imperative that the shaft be dug in the street. If the drive fails because of the four day shut down the cost estimated to retrieve the machine and complete the drive is a minimum of $25,000.00. It is not our intention or our desire to inconvenience anyone, but Southland simply cannot take this risk. We regret that this situation has presented itself, but again to minimize the risk of this expense to the City, we recommend avoiding the four day shut down and having the street complete and ready to receive the drive by Friday, December the 24th. When this drive is completed, hopefully Friday the 24th, Southland will be happy to discontinue the operation until the Christmas and New Year holidays are past. I will be in touch with you by phone later today to see what your thoughts in the matter are. Sincerely, Charlie Griffith cc: Kenko