ST9801-CS001113Sent By: EBCC;
FAX (214} 352-3201
November 13, 2000
Mr. Michael A. Martin, P.E.
Engineering and Public Works
City of Coppell
255 P.arkway Blvd.
Coppell, Texas 75019-4409
Re:
2143523201; Nov-13-00 1:26PM; Page 2/3
T :~ ~.~J!' ~ TELEIeHONE {2¶4) 358461t
ED SELL COlilSTRUCTIO=I COMPANY
-- 10805 HARRY HINE9
PO~T OFFICE BOX 540787 ,,
OALI, A$. TEXAS 75354-0787 : DALLAS. TEX. A8 7S220
CoppeEl Road Reconstruction
SH 121 to Sandy Lake Road
Coppell Project #: ST 98-01
Dear Mr. Martin: 7 .
Subsequent to our phoac conversation on November 13,:'~000 regarding sprinkler head
adjustments and the City's desire to negotiate a revised gice, we have contacted our irrigator and
he has estimated that it will take 218 sprinkler heads to ~'.atch the existing sprinkler system that
was rcmovc;d. This information is only anj estimate oI'tl~ number of heads that will bt: required
and not a final count of sprinkler heads. :~'t
The City of Coppell's October 5, 2000 letter regarding ti'is isubject indicates that the City has
requested renegotiation of this bid item based upon the ~tual number of sprinkler heads in
accordance with Item 1.37.1 of the NCTCOG Standard boccifications. !EBCC will not have a
final count of sprinkler heads until our irriSator has ~ni~ed his work. Since the basis for your
request to renegotiate has not been satis:fi6cl, EBCC has t~oVresponded to your letter.
,,. - ::. : .
In our phone conversation, you indicated that EBCC wit:i be performing the installation of the
sprinkler system at our risk. We do not: agree with that ~sessment and:will not perform the work
at our risk. The. City's October 5, 200Oleiter and discus. ions at subsequent biweekly progress
meetings did not indicate that a renegotiat~d price had tC,,b~ established prior to start of the work.
In fact. the City' s letter indicates that the tcnegotiation ~11~ occur after the :final number of heads
has been determined. As stated previously, that event wi,l not occur until the work has been
completed. EBCC has proceeded with this work in acccr.,dance with our understanding of tile
contract and the City's direction and expe~ts to be paid f~r ~he work. If it is the City's intent to
not pay for this work or to remove this wOrk from EBCC's contract. then please direct EBCC to
stop work on this item. Please note that EBCC has alre~y:: incurred costs associated with this
bid item and would expect to be compensated for those ~sts should the City elect to remove this
item from the contract i .i
As stated in previous conversations. EBC~ will consid~ die City's re4uest to revise the price for
this bid item even though the character elithe work has r.~Dt:changed and tlie item doesn't meet
AN EQUAL:!OPPORTUN~TY S:. Pr~OYER
Sent
EBCC;
2143523201; Nov-13-00 1:26PM;
Page 2 ~:'
Coppell Road Reconstruction '
Re: Sprinkler Hcad Adjustments
th, NCTCOG criteria for an item open to !renegotiationi} Item 1.37.1 applies to major item of
work and a-major item of work, as defined in Item 1.0 Or'the NCTCOG Standard Specifications,
is an item of work that mnounts to five (5)pen:eat or m-re of the total contract amounL
Utilizing a contract amount of $2,060,958L73, a major il~n of work would need to exceed
$103,047.94. To qualify as a major item,;-iEBCC would;~ccd to adjust !413 sprinkler heads. The
total number of sprinkler hcads to bc aclj~ted will not ~ceed that amount.
We are available to discuss this itcm at .yoUr convenient, but would prefer to discuss the item
after the work has been completed.
hesitate to contact our of~ce.
S' cerely,
l..~Constntl~t,on Company
Robert D. Weber
Project Manager
xc;
If yoU have any qu~ tions regarding this information, don't
Mr. A. Scott Maughn, E.LT., FreeSe and Nichol!', Inc., 1701 N.: Market Street
Suite 500 LB5 l, Dallas, Texas 75202
'i !
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