CF-Fire Station Moore-CS 860603,June 3, 1986
Mrs. Vernon Proctor, President
Mart, Inc~
PO Box 150983
1503 Perry Road
Irving, Texas 75015
Re: Coppell Fire Station No~2, Moore Road
Dear Vernon,
I am in receipt of your letter of May 28 regarding the Liquidated
Damages provision with the City, as well your Application for Payment
dated May 31 and Change Order No.~4~ Following are our appraisals of
each of these issues and our recommendations to Mart and the City for
action%
Application for Payment~ In your Application dated 5-31-86, you
are asking for 100% of the Contract Amountc According to the
Owner-Contractor Agreement, you are not due the full contract amount
until Final Completion, that is, the completion of all items on the
Final Punch List.~ As you know, the punch list is being rewritten
this week both to include some problems that have been discovered
only recently and to combine the various partial punch lists into
one.~. This list will be finalized and distributed under separate
cover later this week=, Since we have already authorized the
contractural limit of 95%, I am returning Application Noel4
(attached),;' You should resubmit a revised No:14 as the final at the
appropriate time~ It is my understanding that submittal of the final
application does not need to fall on the 25th of the month as before%
Change Order No~4~ I have reviewed these items with the Project
Architect and am sending three copies to you for your approval and
signature~ Return them to me for processing on to the City,~
Liquidated Damagese I have talked with Chief Mayfield on several
occasions lately about the City's disposition toward leniency on the
damages~ He is not encouragingT There are two apparent primary
arguments against leniency at the present time~ One is the general
attitude of the City Council toward construction delays, not just on
FS No~2, but even more so on the City Hall project~ Secondly, the
Chief told me of several fire alarms that he would have been able to
service out of the new station between the final approved completion
date and actual Substantial Completion%, The impact of the delay on
these calls is certainly difficult to measure, but it nevertheless
represents a valid counterpoint and must be considered in making an
equitable decision.~
Proctor/6-3-86/Page 2
At this point, my recommendation to you is simply to wrap up the
Punch List as quickly and as thoroughly as possibleT Mart has
demonstrated committment beyond the norm throughout the project, but
the project is now suffering from a very common ailment - the last
10% of the project consuming 90% of the frustration and effortT Your
performance in the next two weeks will, I predict, have a great deal
to do with your chances of recovering all or some port$on of the
Liquidated Damages~
I would be happy to elaborate on any part of these recommendations
and will work overtime to assist in wrapping the project up quickly
for everyone's benefitT
Yours faithfully,
David ~= Dillard, President
cccw/letter Chief Jackie Mayfield, Coppell Fire Department
Mr: Ed Powell, City Engineer
Mr: Wayne Ginn, Ginn, Inc~
encl~,
MART, INC.
GENERAL CONTRACTORS
P. O. BOX 150983 · 1503 PERRY F~D · IRVING, TEXAS 75015 · (214) 721-1522
May 28, 1986
Dillard Architects, Inc.
4310 Westside Drive, Suite C
Dallas, Texas 75209
Attn: Mr. David A. Dillard
RE: Coppell Fire Station #2
Dear David:
David, pursuant to our conversation, please accept this letter as our respectful
request to waive the liquidated damages on the above referenced project.
As we discussed, the reason for liquidated damages is to prevent the General
Contractor from injuring the owner through an untimely completion of the
project.
David, we did not complete the project in the time allowed by the contract and
subsequent time extensions, but we were delayed by many reasons that were
totally out of our control and as a result suffered substantial financial loss.
Partly as a result of the general finanoial climate of the construction
industry as a whole, several of our subcontractors and suppliers went out of
business and in one case moved out of state. This alone greatly inhibited
us from completing the project.
David, as we have indicated by this letter, w~ agree that the project was not
completed as required, bat w~ do not feel that we have injured the City of
Coppell in any way°
We again respectfully ask that you consider this request and in all fairness
grant a waiver to the liquidated damages so that we can complete the accounting
with you on this project.
We trust you will find this in order, but should you have any questiDns please
do not hesitate to call.
Re ~pect fully,
Pre side
VRP:rb