ST9302-CS000911September 11, 2000
Steven Priddy, President
Ed Bell Construction
10605 Harry Hines Blvd.
Dallas, Texas 75220
RE: Sandy Lake Road Project # ST93-02
Dear Mr. Priddy:
On August 18, 2000, a letter was provided to your firm outlining numerous issues of which I
had a concern. Since that time, I have been in telephone contact to inquire about the status of
the items requested in the letter. To date, items have not been corrected in the field nor has
any requested information been provided to this office.
As a reminder, some of the items I had requested on August 18, 2000 are: 1) an updated
schedule showing an accurate and realistic timeframe for completion of the project; 2)
information and an analysis on the integrity of the paving due to holes that have developed in
the paving surface; and 3) all transition paving removed and replaced per the specifications
under Pay Item #76, which is two inch hot mix over six inch flex base.
Because of the lack of response on the items listed above, the City of Coppell, as the Owner,
will be withholding future progress payments until these issues have been resolved.
The authority to withhold progress payments is provided in Item 1.52, entitled "Payment
Withheld" from the North Central Texas Standard Specifications For Public Works
Construction. Specifically, Item 1.52 states reasons to withhold payment: "(b) defective work
not corrected; (c) Contractor's failure to carry out instructions or orders of the Owner or its
representative; (e) work or execution thereof not in accordance with the contract documents,"
and "(j) failure of the Contractor to provide work schedules as required by the Owner.'
PARKWAY 'k P.O.BOX 478 t COPPELI- TX 75019 Ik' TEL 972/462 0022 'it FAX 972:/304 3673
The following is a discussion of each item:
· "(b) defective work not corrected": As previously stated, the City has requested that the
transitional paving be removed and replaced with two inch hot mix over six inch flex base
as required in the contract specifications, Pay Item//76. Even since my August 18, 2000
letter, I have received several complaints about potholes in the transitional paving. There
is also a question of whether the paving as previously installed between Moore Road and
Denton Tap Road is defective. Your firm has been asked to provide information on the
cause of the holes in the paving surface and the integrity of the paving. Until that
information is provided, the portion of paving between Denton Tap Road and Moore Road
is considered to be not in accordance with standard accepted construction practices.
· "(c) Contractor's failure to carry out instructions or orders of the Owner or its
representative:" The August 18, 2000 letter listed several items to be provided to this
office of which none have been forth coming.
· "(e) Work or execution thereof not in accordance with the contract documents:" 'The
transitional paving has not been installed in accordance with the contract documents and
should be removed and installed per the contract documents as soon as possible.
· "(j) failure of the Contractor to provide work schedules as required by the Owner:" My
August 18, 2000 letter requested an updated work schedule because it appeared as though
the project was falling behind the time left to complete the project.
Item 1.52 entitled "Payment Withheld" in the North Central Texas Council of Government
Standard Specifications states "When the above grounds are removed, payment shall be made
for amounts withheld because of them, and Owner shall never be liable for interest on any
delayed or late payment."
These items should be resolved in a timely manner so that the project can continue wwards
completion. As stated in my August 18, 2000 letter, please call me at your earliest
convenience so that a meeting can be scheduled between the appropriate people at your office
and the City of Coppell to work through and resolve the issues both listed above and contained
in my August 18, 2000 letter.
Sincerely,
Kenneth M. Griffin, P.E.
Director of Engineering/Public Works
CCi
Jim Witt, City Manager
Clay Phillips, Deputy City Manager
Mike Martin, P.E., Asst. City Engineer
Garreth Campbell, Construction Inspector
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