ST9801-CS000120Robert Weber
Ed Bell Construction
10605 Harry Hines Blvd.
P.O. Box 540787
Dallas, TX 75354-0787
rILE COPY
P,O. Box 478
Coppell. Texas 75019
972-462-0022
January 20, 2000
Re: Coppell Road Project # ST 98-01
Dear Mr. Weber:
This letter is written in response to your January 18, .2000 letter which states that your
understanding of the February 18, 1999 pre-bid conference for Coppell Road was that you could
close Coppell Road between Parkway Blvd. and Westminster Way to construct the multiple box
culverts across Coppell Road. Your letter goes on to demand that a decision be provided to you
no later than January 28, 2000 concerning whether or not you will be allowed to close the
roadway. Your letter further states that if you are not allowed to close the roadway then you will
be entitled to additional compensation for consauction of the box culvert in two stages and
maintaining two-way traffic.
The purpose of a pre-bid conference is to identify any conflicts between the plans/specifications,
any obvious errors and to discuss the general project. Many issues are generally discussed at
pre-bid conferences. Some issues impact the bid; therefore, those necessitate the issuance of an
addendum to the contract. The addendum is important because changes to the contract can only
be made in writing. You are correct in stating that the closure of Coppell Road was discussed
during the pre-bid conference. You may recall that the plans originally contained detour plans.
However, at my direction, those were removed from the plans prior to bidding and no guarantees
were offered by the City about the closure of Coppell Road. Because there was concern
expressed at the pre-bid conference about the consauction of the box culverts, an addendure was
issued after the pre-bid conference. All bidders that bid on projects do not always attend a pre-
bid conference, therefore, the only changes to the plans or specifications, to insure that all
bidders have the same information, is the written addendum. Verbal representations never
amend plans or specifications. Section 7, page 1-7 of the Bidding and Contract Documents states
"Only questions answered by formal written Addendure will be binding. Oral and other
interpretations or clarifications will be without legal effect". I can not stress enough how
important it is for the City to only enforce specifications, plans and any addendums to insure that
all bidders of the project have the same information available at hand. Numerous items, as
referenced by the addendure, were discussed at the pre-bid. However, regardless of what was
discussed, the addendure is the only legal document that modifies the specifications and/or plans
prior to the bid being provided by contractor. No understandings by the contractor of what they
may or may not have understood at the pre-bid meeting are binding. Only the addendum issued
after the pre-bid meeting is binding. Item A1-6 of the addendum is the result of the discussion
........... I ' i ........ r' T
hbout the closure of Coppell Road. It modifies paragraph 1.25, page 3-8 of the Specific Project
Requirements by adding the following: "Coppell Road can also be closed between Parkway
Blvd. and Westminster Way with City Council approval during the time that the 3 10'x6' MBC is
constructed. It is desired that 2-way traffic be maintained, however, based on City approval,
portions of the roadway may be turned to one-way traffic for a portion of the construction
sequence." It's important to note that City staff does not have authorization for closure of any
roadway. Any closure of roadways requires City Council approval.
I was surprised to discover that your bid was based on the presumption of a Council action.
There are never any guarantees of what action Council will take on any specific item. Again,
staff cannot offer any guarantees of any Council action and also staff cannot overstep its
boundaries of authority by guaranteeing certain items of which only Council has the authority to
grant. That is the reason that the addendure clearly states that the roadway could only be closed
with City Council approval. Also, in paragraph 1.25, it clearly states that in preparing the bids
and a construction-sequencing plan, the Contractor shall maintain a minimum of 2 lanes of
traffic. The City tried to be clear in Section 1.25 that the preparation of the bid should take into
account that the contractor shall maintain two lanes of traffic. After discussion at the pre-bid
conference, the addendure was issued that stated if Council so approved then Coppell Road may
be closed between Parkway Blvd. and Wesuninster Way.
Preparing your bid based on the presumption of Council action does not in any way alter the fact
that if Council chooses not to close Coppell Road that you will still be obligated under the terms
of your contract to construct the roadway at the prices bid for the contract. In other words, you
are not entitled to any additional compensation if Council chooses not to approve closure of the
road even though you chose to bid the project under the assumption of a Council action.
Several times now you have submitted information on what it would cost the City to have the
multiple box culvert constructed in stages as opposed to closing Coppelt Road. That information
appears to be itemizing items that are already covered under the contract. In essence, your
itemization concerns dirt, drainage and hot mix work. You also include items for labor and
equipment associated with decreased production.
Items for hot mix paving for detour work is covered under Pay Item 1A-21 Temporary Roadway
Material. The description of that pay item states that it is used for the temporary widening for
transitioning traffic during each phase of the project. That item is based on an approved
construction-sequencing plan. The means and methods to construct the detour are the contractors
responsibility to determine during the bidding of the project. The means and methods of
construction are typically based on the contractors experience, available employees, available
land and equipment.
Another item included in your cost breakdown is trench safety between the box and the road. The
bid quantities and specifications are clear that trench safety is already included in the project and
the 299 linear feet of the box culvert is included in the bid quantity for the trench safety. That is
all covered under Pay Item 1B-53 Trench Safety (Storm Drain and Box Culvert) which states that
the contractor shall provide all necessary shoring and/or bracing to provide a safe trench for
storm drain construction. Again the quantities include the 299 linear feet of box culvert. Also,
'the contractor is required by these specifications to submit a trench safety plan prepared, signed
and sealed by a registered professional engineer.
Another item of which you are requesting additional compensation is temporary lane markings
for the detour. That is covered under Pay Item 1B-27 Traffic Control and Barricades which
states this item shall consist of the installation of all traffic control devices temporary line
delineators and temporary signage to comply with the MUTCD standards during all phases of
constmction.
To request additional compensation for items already covered under the specifications and plans
is confusing. The specifications are clear that your bid should have been based on two-way
traffic at all times. Any temporary roadway, temporary signage, temporary striping, trench
safety, etc. is already covered and compensated for in the specifications.
The addendum, based on the pre-bid conference, is clear that Coppell Road can only be closed by
Council approval. There was never any written guarantee that Coppell Road would be closed
during the construction of the multiple box culvert. Even though a detailed traffic control plan
has not been submitted, in an attempt to comply with your stated deadline of January 28, 2000,
the closure of Coppell road will be discussed at the City Council meeting of January 25, 2000.
Presenting this item to City Council will satisfy the requirements of the addendure. If Council
chooses not to close the roadway, then because of your contract, you will be required to construct
the box culvert while maintaining two-way traffic at your own cost, not additional compensation.
The only additional compensation will be for actual quantifies of hot mix necessary for temporary
roadways, if the actual quantity exceeds the bid quantity. I will inform you after the January 25,
2000 City Council meeting of their decision on the closure of Coppell Road and you will then be
directed, based on Council action, on how to proceed with the box culvert construction.
Sincerely,
Kenneth M. Griffin, P.E.
Director of Engineering/Public Works
cc: Alan Greer, Freese Nichols
Jim Witt, City Manager
15 ~ ~ Fl~2il~,s' Deputy City Manager
.
~le/ST98-01/edbelltr0100