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WA9601-CS 980319 8333 Douglas Avenue, #820 Dallas, Texas 75225-5816 Fax (214) 361-0204 Phone (214) 361-7900 ROSS L. JACOBS, P.E. RONALD V. CONWAY, P.E. JOHN W. BIRKHOFF, P.E. soE R. CARTER, V.~. March 19, 1998 GARY C. HENDRICKS, P.E. I. C. FINKLEA, P.E. Landmark S uctures. Inc. 1665 Ha on Road F~ ~6177 Re: City of Coppell Wagon Wheel Ranch Elevated Storage Tank Project No. WA-96-01; Bid No. Q0198-03 Gentlemen: The City Council of the City of Coppell, at their regularly scheduled meeting on March 10, 1998 accepted your proposal for construction of the Wagon Wheel Ranch Elevated Storage Tank project in the amount of $2,191,628.00. We are enclosing five (5) copies of the Proposal, Standard Form of Agreement, Performance Bond and Payment Bond for your execution. Upon completion, please return all copies to our office for insertion into the full contract document sets. We are also enclosing one set of project specifications. Please provide a certificate of insurance in accordance with Item 1.26 the General Provisions of the Noah Central Texas Council of Governments Standard Specification for Public Works Construction, and Item 1.26 of the City of CoppeWs Special Provisions. Please note that you are to purchase and furnish an Owner's and Contractor Protective Liability Policy with the Owner as the insured and the Engineer, their agents and employees as addition insureds. These insurance requirements apply to all subcontractors on this project as well. Finally, the City of Coppell's attorney has reviewed the contract documents and has suggested changes. We are enclosing a copy of his comments for your review and consideration. If these changes to the contract documents are acceptable, we will prepare a change order to incorporate the new language. If you have questions concerning any of this information, please contact our office. c~c.'l°s~V~F. sKenneth M. Griffin, P.E. 03/17/98 09:53 CITY OF COPPELL ENGINEERING ~ 214 561 0204 N0.027 Q02 .. MAR 16 '98 17:05 FR N[;-~OLS JCKSON DLLRD 2i~ 965 001~ TO '9~3~43570 ' F.-ErZ~j NICHOLS, JACKSON, DR, LARD, HAG~,~ & SMITH, At~mcy$ ~ C,4~ms~lor~ at Law (214) Fg (214) ~S~10 March 16, 1998 I VIA FACSEM]LE 972/304-3570 K~n Cyriffin City Engineer : City of CoppeU 255 Parkway Boulevard P.O, Box 478 Coppell, Texas 75019 RE: 8~veeifications and Cont~.=.dct Documents for tht Construction of Wagon Wheel Ranch 2. 0 M, G, iEltvatei Storage tant~ Dear Ken: Upon r~iew of the Contract Documents for Wagon Wheel Ranch, we sugg~sI th~ following changes to ~he contract. In Article ~.1 we suggest the addition oF the fol]owing language at the ~d of the paze~r~ph: ~ "CONTRACTOR assumes all ri~ks regarding unknown or latent site c~nditions, underground utilities and facillti~s and any ~,nd all ambiguities and/or defects in the project plans and speeific, ations." : In addition, in Section 1.36 Delays; Extension of Time; Liqu:idated Damages, we suggest the addition oFthe following language at the end of the paragraph: "No olaim$, damages or causes of action shall be made or asserted by the Contractor for daxtulges of any kind or nature resulting from hindrances and delay~ from any cause (except where the work is stopped by order of the Owner) during the progress of any portion or the work embraced in this r, ontraet, notwithstanding any term or provision ~5/17/98 09:55 CITY OF COPPELL ENGINEERING ~ 21~ 361 020~ · MAR 16 '98 ~7:B5 FR N~-wOLS JCKSON DLLRD ~la 965 0010 TO '~3~5570 Ken Griffin March 16, 1995 Page '2- contained herein to the contrary. It is the iment of the partit:s that the Cont~a~tor's sole aztd exclu~ve remedy shall be to r~ues~ additional time as a change order in accordance with thc procedures set forth in tkis Contract, which reque~'~ shall not be uru'easonabty withheld ." TM~: you for your att~tion to t~is m~tcr, ff you ha~e any questions L~ ~his re~m'd, plea~ ~lo not he~itat~ to contact m~. Very truly yours, ** NICHOLS, JACKSON, DILLAKD, HAGER & SMITH, L.L.P. P'~er G. Smith / PGS/ttl NICHOI.5, JACKSON. DII,LARD, EAGER & ~MI'rH, L.L.F. ** TOTAL PAGE.03 ~ :