CF-TownC CHC-CS 860606 Mr. Joe Bosquez
Howard U. Freeman, Inc.
1424 E. Grauwyler
Irving, Texas 75060
RE: Coppell Town Center
Project No. 8457
Dear Joe:
I am in receipt of your letter of May 28, 1986 which references your
Proposed Change No. 3 which covers the additional cost for the added
pier depth and pier casing for the above referenced project. As you
will remember, I contacted you by telephone on Tuesday, May 27, 1986 to
discuss this specific item and request that a resubmission be made with
all pertinent back-up material so that it could be presented to the City
Council for their review and acceptance prior to issuance of a formal
change order. As you are probably aware, the meeting which was to take
place on both Wednesday, May 28, and Friday, May 30, 1986 were both
cancelled by the City of Coppell and was°~ot ~escheduled until this
morning. In attendance at this morning's meeting was Mr. Jack Waschitz
and Mr. Larry Lieneke of your firm, and during this meeting, the subject
of your Proposed Change No. 3 was discussed with the representatives of
the City and verbal approval was given for the $24,400 figure and a
Change Order No. Twelve (12) was assigned to this line item. As dis-
cussed and agreed by all present, Change Order No. Twelve (12) ~11 be
issued on or before June 10, 1986, so as it may be included in yoUr June
application 'for payment, and will be in the amount of $24,400 and will
included a four-day time extension.
It is regrettable that it has taken these four months to resolve this
item, but, per our original discussions, we had always concentrated on
who had authorized the pier driller to drill to the extra depth above
.- and beyond what would reasonably be expected. Your comments during all
of our phone conversations were that the driller was directed specifi-
cally by Maxim Engineers, Inc. and if you will recall, Maxim Emgineers
has consistently denied this fact. It is not until your letter of May
28, 1986 that any mention is made that, per your driller, the extra
2850 Lincoln Plaza · 500 North Akard · LB 16 · Dallas, Texas 75201-3394 · (214) 954-3100
McKinney Place · 3131 McKinney Avenue · Suite 850 - LB 113 · Dallas, Texas 75204 · (214) 871-9100
Mr. Joe Bosquez
0une 6, 1986
Page 2
penetration was necessary to seal off the unusually forceful ground-
water on site. I would like to request that you review the above state-
ment which was included in your letter as it is not consistent with the
actual, field conditions which were encountered.
I have attached a copy of your letter, and, as you will note, this
letter was not received by our office until June 5, 1986 which was three
days after we were required by your letter to have responded with a
change order. In the future, should any such demand letter be required
for either the Owner or Architect to respond, you should insure that it
is received in a timely manner such that it is conceivable for that
person to respond within the required time.
In conclusion, as stated above, it appears that this item has been
resolved, and, as agreed during this morning's meeting, the issuance of
Change Order No Twelve (12) from our office on or before June 10, 1986
will be routed directly to your office for signature.
Sincerely,
· ~'( / -'., ~ . .
Richard J. Bef/tani
Director of Construction Administration
RJB/sdc .~
Enclosure
cc: 'rank Procter
Mr. Tony Callaway
Mr. Jack Waschitz
Mr. Larry Lieneke
R" ,EIVED JUN- 5 1986
NOW.MID U. FREEMAN, INC., 1424 E. Grauwyler I P,O. Box 16571 I~/Ing, Texas 75060 / (214) 438-6044
Ma.~
0 ~Br~en., 0 ~Br~en & Callaway
$151 'McK~nney Ave
Suite _800
Dallas., TX 75204
Attention ~ck Bert~ni
He: ¢oppel T~ Center .
De~ Bick:
office ~-~-86 ~ ~ s~sequent conversation, please note t~t o~
~ller ~s info~ ~ t~t the ext~ pe~trati~ wae necess~ to seal
off the u~s~lly force~l grou~ water on site. As it is ~w more th~
~ m~ths si~e we s~t~d this proposal ~d yo~ only resPonSe
been ~verbal rejecti~ ~ to the ex~a pe~trati~ (which~ ~e~lained
to you~ at t~ ti~ ~ which e~t~ is confi~ed as noted ~ove}
I ~st insist ~ y~ i~ediate issue of ~ge or~r for this work.
As this is m~y we ~ve al~ spent~ if a c~e order
c~t be iss~d by ~-~-8~ we will ~e no choice but to revise our
proposal to i~l~ in.rest from $0 ~s after ~t wa~ o~gi~lly ~-
~tted to t~ t~ at which we receive p~ment.
Ve~ t~ly y~rs~
HOWARD U. F~E~N~ INC.
cc:
Field
~B/~
~nci~l Offi~: ~ ~te Eli~th I P.O: ~x ~ / St. Thomas, Virgin I~