DR9101-CS 911104November 4, 1991
Mr. Mike Sperling
M-S Utilities
Route 5, Box 91
Rockwall, Texas 75087
5 199 i:i..LI
Re: Oak Trail Drainage Improvements
Dear Mr. Sperling:
This is in answer to your October 28, 1991 letter regarding
the asphalt slurry on Oak Trail Drive. The slurry was
suggested by the City as a method of repairing the scarring
of the existing asphaltic concrete pavement which occurred
during your construction activities on the project.
Please review Paragraphs 6.16 and 6.17 of the General
Conditions of the Contract Documents. In part, those
paragraphs state that the Contractor shall assume full
responsibility for any damage to the area of the Work
resulting from the performance of the Work. It also states
that the Contractor shall restore to original condition all
property not designated for alteration by the Contract
Documents.
Thus it is clear that it is M-S Utilities' responsibility
to repair the damage to Oak Trail Drive within the existing
contract amount. However, if you wish to propose a
different method for the repair than the asphalt slurry,
that would be considered.
If you have any additional questions about this issue,
please let us know.
Sincerely,
Glenn Hitt, P.E.
Vice President
GH/smb
89256.20
cc:~Tr. Larry Davis
Dallas. Texas 75202-480.~
214/748-6740 Metro 214/263-$42~
Fax 214~74S-7037