CF-Village-CS 890530 /,I/':::~'1~~~~:: The City With A Beautiful Future / -- ~ Coppell, Texas 75019
~7~03 ~regtoB
~alla~, Texas 75248 ~ ~0~ TO~
RE: Village Parkway P~p Station ~~.
Dear Sanford:
Your letter of May 24, 1989 has been received by this office and
those documents copied to the City Engineer and City Attorney.
Based on your comments it appears the wall issue
the specifications and typically, to my knowledge, the city's polxcy/
on past capital projects is consistent with your co~ents.
/
For clarification and/or direction you may wish to refe~e
City Engineer regarding this matter. ~ ~.~~
If you wish to contact me, please do so.
. ~lg~'~ ~¢4v'' ~,~
Sincerely,
Director of Public Works ~4~.
cc: Russell Doyle, City Engineer
Larry Jackson, City Attorney -~
GINN, INC. CONSULTING ENGINEERS
May 24, 1989
Mr. Steve Goram, Director of Public Works
City of Coppell
P.O. Box 478
Coppell, Texas 75019
Re: Village Parkway Pump Station
Dear Mr. Goram:
Attached is Cajun Contractors response to our request to repair
the stone wall of Bonhard's Nursery along Kimbel Kourt. Cajun
does raise a valid point that repairing or replacing personal
property located within the right-of-way may lead to future
claims and increased costs; however, it has been,, the City's
policy on past Capital Projects to repair or replace construction
related damage regardless of the location.
We are forwarding this matter to you per the Contractors' request
since a City policy decision is involved. -It is our opinion that
the wall should be repaired and is covered by the referenced
section of the specifications.
If you have any questions, please contact us.
Sincerely,
Sar~ford W. Case, P.E.
attachments
cc: Russell Doyle, P.E.
Larry Jackson
H. Wayne Ginn, P.E.
File 380
17103 Preston Road · Suite 100 · LB 118 · Dallas. Texa.~ 75248 · Phone 214/24g-4900
OATOH ROUGE
Home Office: D~llas Office: Atlanta Offl~:
(~4) 29~57 · Fax No. (5~) 291-9~ (214) 55~11 · Fax No. (214) 5~1816 (4~) ~195 · Fax No. (4~) ~I~
Ginn, Incorporated
17103 Presto,t Road
Suite 100
Dallas, Texas 75248
Attei,Liou: Sanford Case, P. E.
RE: Village Pkwy Pump Station
City of Coppell, Texas
Gent lemen:
Cajun Coutractors, Inc. is in receipt of your May 10, 1989 letter directing us to
promptly repair the stone wall adjacent to our construction site which was damaged
during construction activities. Cajun is aware of your quoted Specification section;
l,owever, we were uncertai,~ as to its specific application in this situation. That was
our purpose in discussing it with you during our.jobsite meeting two weeks ago.
This fence is located in the easement adjacent to Kimbel Kourt, not on the personal
property of the landowner (Bonhards Nursery). This easement's purpose, it seems, is
to allow for activities such as have taken place e.g. construction, expansion, etc.
Since this easement belongs to tile City, it seems the inherent risk of constructing
such a fence on this property should fall upon he who put it there. After all,
Bonl,ards Nursery is utilizing land belonging not to him, but to the City of Coppell.
Therefore, Cajun Contractors, Inc. respectfully requests you re-evaluate your
dil. ective, possibly even discussing it with the City of Coppell. Replacing or
repairing personal property of individuals who have chosen at their own risk to place
that property upon easeme, ts or right of ways owned by public bodies may establish
precedents which prove to be very expensive to uphold in future public works pro~ects,
whether performed by Contractors working for the public body or by the public body
itself.
You,. cooperation in the further review of this matter shall be appreciated.
Sincerely,
CAJUN CONTRACTORS, INC.
Karl D. llirsc'ley
Project Manager
cc: File 1.21 (8821)
Baton Rouge
GINN, INC. CONSULTING ENGINEERS
May 10, 1989
Mr. Karl D. Hirschey '"~/ .~
Cajun Contractors, Inc. ,.
P.O. Box 540487 ''
Dallas, Texas 75354-0487 '-}"
Re: Village Parkway Pump Station
City of Coppell, Texas
Dear Mr. Hirschey:
It has been brought to our attention that the dec6rative stone
wall along Kimbel Kourt (Bonhards Nursery) was damaged and/or
partially destroyed during installation of the 36" offsite
waterline. In accordance with the provisions of Division 0,
Section 00830, Paragraph 1.6, of the Contract Documents;
"When or where direct or indirect damages or injury is done to
public or private property by or on account of any act, omission,
neglect, or misconduct in the execution of the work or in
consequences of the nonexecution of same on the part of the
Contractor, such property shall be restored at the Contractor's
expense to a condition similar or equal to that existing before
such damage or injury was done...".
Please see that the damages to the stone wall caused by your
construction operations are promptly repaired.
Thank you for your prompt attention to this matter. Please call
if you have any questions.
Sincerely,
Project Manager
cc: Russell Doyle, P.E.
Steve Goram
H. Wayne Ginn, P.E.
Smoky Ginn
J.R. Richardson
File 380
17103 Preston Road · Suite I00 · LI~ 118 · Dallas. Texas 7524g · Ph~.e ~14/?4g-4q(~q