CF-TownC CHC-CS 880113
~
"""
~
P.O. Box 478
Coppell, lexas 750'19
214-462-0022
January 13, 1988
I..an-y Lieneke
Howard U. Freeman
P.O. Box 151657
lrving, Texas 75015
This letter is to clarify the agreements that were reached at the January 5, 1988
meeting concerning the completion of the Coppell Town Center project. Parties
who attended the meeting were, Lan-y Lieneke representing Howard U. Freeman,
John Mooney and Martha Coleman representing ..Cigna Property and Casualty
Companies, and Frank Trando, I..an-y Jackson, and Dale Jackson representing
the City of Coppell.
The City of Coppell presented a list of four Town Center construction items
that have not been completed in an acceptable manner. The four items are as
follows:
1. There are numerous leaks in the roof and/or side wall panel
areas.
2.. The theatre chairs in the City Council chamber are spaced to
far apart and as a result the bottoD'J cushion is not attached to
the support in a stable D'Janner. Several of the bottom cushions
have fallen onto the floor.
3. The air-conditioning system does not work properly. During
times of low aD'Jbient temperature, outside of the building, one
of the units is tripping off on low pressure. 1n order for the unit
to be restarted, after it has tripped off, the unit D'Just be D'Janually
reset.
4. There are many chips in the steps at both ends of the building.
An at'tempt was made to patch the chips; however, the patch material
is separating froD'J the rest of the concrete and falling to the ground.
It was agreed that the resolution of the above items would include:
1. An independent roofing consultant would review the roof and
wall panels and determine if the leaks were caused by bad design
or improper installation. The cost of the roofing consultants review
would be paid by Freeman if it was determined that the leaks were
caused by improper installation. If the leaks were caused by poor
design, the City would pay for the consultants services and seek
reimbursment from the architect.
.
-,
~
"""
4 '
. Larry Lieneke
January 13, 1988
Page Two
2.. Lan-y Lieneke was to notify the company that installed the theatre
chairs. The company that installed the chairs is to repair the chairs
in such a way that they are solidly attached to the supports.
3. Dale Jackson was to speak with Berger Engineering (the original
mechanical contractor) and request that a service representative
froD'J McQuay analyze the air conditioning problem and determine
if' the problem was caused by improper installation, factory
equipment problems, or poor mechanical design.
4. Larry Lieneke was to repair the steps by removing portions of
the concrete and placing new concrete in the area. The work to
be done must be inspected and approved by the Building Inspections
Department.
Lan-y Lieneke stated that the City of CoppeD was still holding approximately
S54,381.00 in retainage for the project. Mr. Lieneke requested that the city
put the money into an escrow account in order 1;hat Howard U. Freeman could
collect interest on the money. Martha Coleman, the attorney representing Cigna
Property and Casualty Companies, was to speak with the Bankruptcy Court and
work out details for depositing the money into an escrow account.
Mr. Lieneke also stated that Howard U. Freeman did not agree with the last
executed change order, change order 21, for the project. Change order 21 called
for the deduction of approximately Sl1,120.00 from Freeman's contract. The
reason for the deduction was the added costs accrued by the architect for the
repair of the problems associated with the steel structure.
It was agreed that the dispute over change order 21 could not be resolved at
this time because of the pending lawsuit Ryan Steel has brought against Howard
U. Freeman.
If you do not agree with any portion of this summary, please notify me in writing
within ten days.
Sincerely,
O~
Dale Jackson
Bnnn;'r)B Official
DJ/mm
cc: Alan D. Ratliff, City Manager, City of Coppell
Frank Trando, Deputy City Manager, City of Coppell
Lan-y Jackson, City Attorney, City of Coppell
John Mooney, Cigna Property and Casualty Companies
Martha Coleman, Strasburger and Price