WA9601-CS 980326 (2) "
SHIMEK, JACOBS & FINKLEA, L.L.P.
CONSULTING ENGINEERS
8333 Douglas Avenue, #820 Dallas, Texas 75225-5816 Fax (214) 361-0204 Phone (214) 361-7900
FAX TRANSMISSION COVER SHEET
Fax Number: From: Gary C. Hendricks, P.E.
Number of Pages Transmitted (including this one) 2 Date: March 26, 1998
To: Mr. Kenneth M. Griffin, P.E.
City of Coppell
Post Office Box 478
Coppell, Texas 75019
Ken:
Following is Lanmark's response to the City' s request for a change in the contract language and intent.
We have again reviewed the contract documents and concur with Landmark's response. We recommend the
City eliminate the additional requirements to Article 1.7 and go forward with the revised contact language
concerning Item 1.36.
Please review this matter and let me know if you would like us to prepare a change order to the contract.
Enclosure
M~R.-26' 98(THL'} 11:59 LANDMARl{.-- TEL:81'-43~4~888
R !~ ~G~Harmon Hosd
Tei: (B17) 439-8888
~axl (817)
March 26. 1998
Shimek, Jacobs & Finidea
833 Douglas Ave.. Ste 820
Dallas, TX 75225
Attrt: Mr. Gary Henriticks
Re: Wagon Wheel Ranch
2 0 MG Elevated Storage Teal: Proj. No. WA-96-01
City of Coppcll. Texas Bid N:~, 00198-03
Dear Sir:
This letter is in response to your request ro incorporate new language into the contract as
requested by the City oFCoppelI's attorney.
The first item invol',:ed language that would rcqutre L,'mdmark to as.qume all ask regarding
unknown or latent site conditions, etc. W'e lind this to be very unfair language and see no
reason why we should assume risks that neither ourselves nor the O',vner c~ anticipate.
We d~d not include any allowances for the ask associated with unknown conditions and do
not feel that it is appropriate to assume this ri~k for a set amount of compensation at this
time. it is rare on these contracts tha~ unknown conditions treat= significant problems,
however if problems were to surface, ~erc is contractual language to deal with them in a
fair manner at ~at time.
The second request in the letter regarding Section I 36 is reasonable and we see no
problem in including it in our contract,
Yours truly,
TURES, INC.
:
Chris Lemon, P.E.
/kmc
Design InnovatiOn Construction Excellence