ST1501A-CS180720 (6)
July 20, 2018
Eric Giebelhaus
Texas Sterling Construction
1441 Airport Freeway, Suite 350
Euless, TX 76040
Re: Response to the letter from Texas Sterling Construction dated July 3, 2018, regarding the utility
conflict with road grade
Dear Mr. Giebelhaus:
This letter is in response to the claim that the City is willfully failing to disclose utility locations and
denying TSC access to work and is in breach of contract. The City respectfully disagrees with that
allegation. The existence of previously unknown underground utilities does not constitute a breach of
contract by the City of Coppell.
The City and the Engineer (J. Volk Consulting) have done the due diligence to uncover and disclose utility
conflicts that were known and coordinate relocation of said conflicts. All franchise utility companies
were given ample notice and opportunities to respond to the information and relocate any conflicts.
J. Volk Consulting began coordinating with franchise utilities on April 27, 2017 and shared 90%
documents with each company. Zayo began coordinating August 29, 2017 with the Engineer and the
City.
As you are aware, the City received Zayo/Level 3 as-builts this week and have been working in tandem
with TSC to locate these utilities to determine if there is a conflict. If it is found that there will be a
critical path scheduling impact, the City will expect that TSC submit the formal request for a time
extension at that time per the contract documents.
An additional conflict that was uncovered (Spectrum) in front of Hard Eight BBQ, was addressed
immediately. The Spectrum line was bored yesterday and is in the process of being lowered so that it
does not conflict with the road grade nor impact the time or critical path schedule.
The City will continue to assist TSC in working to resolve unforeseen franchise utility conflicts in a timely
manner and is looking forward to a successful project.
Sincerely,
Jamie Brierton
Jamie Brierton
Project Manager