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WA9302A-CS 971021 SHIMEK, JACOBS & FINKLEA, L.L.P. CONSULTING ENGINEERS 8333 Douglas Avenue, #820 Dallas, Texas 75225-5816 Fax (214) 361-0204 Phone (214) 361-7900 ROSS L. JACOBS, P.E. RONALD V. CONWAY, P.E. JOHN W. B1RKHOFF, P.E. JOE R. CARTER, P.E. October 21, 1997 GARY C. HENDRICKS, P.E. I. C. FINKLEA, P.E. Mr. Michael Daigre North Texas Municipal Construction Co., Inc. 5614 Dyer Street Dallas, Texas 75206 Re: City of Coppell Village Parkway Pump Station Additions Dear Mr. Daigre: The City of Coppell reports that the SCADA System portion of your contract for the construction of the Village Parkway Pump Station Additions is functioning as intended and is now in service. Reliable operation of the system has been observed since Sunday, October 5, 1997. In accordance with the letter agreement between you and the City dated October 1, 1997, and executed by you on October 3, 1997, we are enclosing five (5) copies of Change Order Number 6 (Revised) to you contract with the City of Coppell. Change Order No. 6 (Revised) includes the following: 1) Extends the contract time 110 calendar days; 2) Eliminates Pay Items 4, 5, and 6; 3) Reduces the original pump station contract by a lump sum amount of $2,275; and 4) Reduces the SCADA System Change Order No. 2, by the lump sum amount of $2,500. The SCADA System lump sum reduction is based on the agreed upon rate of $500 per day for every day the SCADA System was not complete, beginning on October 1, 1997. Please sign and return all five copies of Change Order No. 6 (Revised). We will forward two fully executed copies of the change order once it is signed by the City. We are also enclosing a preliminary copy of Pay Request No. 16 and Final in the amount of $9,263.49 along with two copies of the Contractor' s Affidavit of Final Payment & Release of Lien. The City has determined this project was substantially complete as of July 28, 1997. Therefore, if Change Order No. 6 is acceptable, no liquidated damages will be assessed. J:~oppell~94 156~Pay-Rqst~tr-16F.doc Mr. Michael G. Daigre North Texas Municipal Construction Co., Inc. October 21, 1997 Page No. 2 Please sign and return one copy of the Affidavit to this office. Upon receipt of the signed affidavit, we will issue the final pay request to the City of Coppell with a recommendation that the project be accepted and final payment be made in accordance with the affidavit mount shown. Sincerely Enclosure cc: Mr. en Griffin, P.E. ~rr.'L'arry Davis J:xc. oppellX9415o"~Pay-gqst~Ltr- 16F.doc CONTRACTOR'S AFFIDAVIT OF FINAL PAYMENT AND RELEASE THE STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared Michael Daigre CAffiant"), who, after being by me duly sworn, deposes and says that he is President , of North Texas Municipal Construction Co., Inc. (corporation, parmership, trade name) of Dallas County, State of Texas (the "Contractor"), which said Contractor was awarded the contract dated the 9th day of January 19 96 , for the construction of Village Parkway Pump Station Additions in The City of Coppell, Texas (the "Work"), for a total consideration of One Million, Ninety Thousand, One Hundred Two and No/100 ($1,090,102.00) Dollars to be paid to the said Contractor (the "Contract"), and that Affiant has full power of authority to make this affidavit. That The City of Coppell, Texas (the "Owner") has approved the final estimate on said Work, and that the said Contractor has fully satisfied and paid any and all claims that may be covered by Chapter 53 of the Texas Property Code, and Article 5160 of the Revised Civil Statutes of the State of Texas, or any other applicable statutes or charter provisions, and that all just bills for labor and matedais have been paid and discharged by said Contractor insofar as they pertain to the Work in question. That in addition to any funds which may have been previously paid by the Owner, the Contractor hereby accepts the amount of Nine Thousand, Two Hundred Sixty-Three and Forty-Nine Cents ($9,263.49) Dollars as FULL AND FINAL PAYMENT under the aforementioned Contract, and hereby waives and releases any right Affiant and/or the Contractor may have to pursue claims of any nature against the Owner arising out of or in any manner connected with the performance of the Work and/or the Contract, including but not limited to claims of third parties that supplied material and/or labor for the Work for or through the Contractor ("Subcontractors"), as well as claims for delay, additional compensation or for recovery of liquidated damages which may have been withheld by the Owner. The Contractor shall defend, hold harmless and indemnify the Owner from any such claims of such Subcontractors. The Contractor further releases the Owner from any claim or liability arising from any act or neglect of the Owner related to or connected with the Contract. This affidavit is given pursuant to the final payment provisions of the Contract, and shall not be deemed to alter or modify the terms and provisions of said Contract. North Texas Municipal Construction Co., Inc. By (Affiant) Michael Daigre (Printed Name) SUBSCRIBED AND SWORN TO BEFORE ME, this the __day of ., A.D. 19 (Notary Public, in and for the State of Texas) (Printed Name of Notary) My Commission Expires :\Coppel 1\94156~Pay-Rq~tXAf~d. doc MONTHLY PAY REQUEST ~ Page: 1 of 2 Owner: City of Coppell, Texas Pay Request No: 16 and Final Project: Village Parkway Pump Station Addition Contract Date: January 9, 1996 Project No. WA-9302; Bid No. Q1195-02 Original Contract Amount: $933,000.00 From: 01-Oct-97 To: 05-Oct'97 Revised Contract Amount: $1,090,102.00 Start Date: 16-Feb-96 Contractor: North Texas Municipal Construction Co., Inc. Completion Date: 29-Ju1-97 5614 Dyer Street Dallas~ TeXaS 75206 Allotted: 530 Used: 598 Total Work Item Quantity in ]~ue~Tt~ Complete Total Work "Contract Extended No. Description Unit Proposal This Request Completed Price Amount I Construct. the Village Pkwy Pump Sta. C.O. #1 L.S. 1 100% $594,775.00 $594,775.00 2 Disinf. Sys. Imp. at Pump Sta. &Elevated Tank L.S. 1 100% $300,000.00 $300,000.00 3 Relocate Underground 4160 V Service Duct Bank L.S. I 100% $15,000.00 $15,000.00 4 Extra Class "A" Reinforced Concrete C.O. #6 C.Y. 25 0 $350.00 $0.00 5 Extra Class "C" Concrete Backfill C.O. #6 C.Y. 25 0 $300.00 $0.00 6 Extra Crushed Stone C.O. #6 C.Y. 25 0 $35.00 $0.00 7 Trench Safety Devices L.S. I 100% $500.00 $500.00 8 Extra Depth for 18" Dia. Cone. Pier V.F. 40 127 $15.00 $1,905.00 9 New SCADA System C.O. #2 L.S. 0 1 1% 100% $194,208.00 $194,208.00 10 Addition Electrical Work for SCADA Sys. C.O. #2 L.S. 0 I 100% $3,998.00 $3,998.00 11 Credit for Elimination of SCADA Comp. C.O. #2 L.S. 0 1 .1% 100% ($45,467.00 ($45,467.00' 12 2-New Outdoor Security Lights C.O. #3 L.S. 0 1 100% $2,468.00 $2,468.00 13 Paint Dormers on Pump Station Roof C.O. #3 L.S. 0 I 100% $1,675.00 $1,675.00 14 4" Concrete Pad C.O. #3 L.S. 0 I 100% $1,595.00 $1,595.00 15A Panic Bar C.O. #3 L.S. 0 1 100% $1,945.00 $1,945.00 15B Full Face Respirators &Molded Wall C.O. #3 L.S. 0 I 100% $3,623.00 $3,623.00 15C Eye Wash &Shower C.O. #3 L.S. 0 I 100% $1,177.00 $1,177.00 16 Pipe Insulation around Pump Piping C.O. #3 L.S. 0 I 100% $2,345.00 $2,345.0C 17 Pipe FiRings to Rotate Cone Valves C.O. #3 L.S. 0 I 100% $1,850.00 $1,850.0C 18 !Back-Wash System to Cone Valve C.O. #3 L.S. 0 I 100% $950.00 $950.0C 19 .400-1b Traffic Manhole Ring &Cover C.O. #3 L.S. 0 1 100% $787.00 $787.0( 20 Lighting at Disinfection Sys. Control Pane C.O. #4 L.S. 0 I 100% $472.00 $472.0( 21 Supports for Modified Cone Valve Config. C.O. #4 L.S. 0 I 100% $586.00 $586.0( 23 Modify Motor Control Center Platform C.O. ~/4 L.S. 0 I 100% $327.00 $327.0( 24 Insulation on Exposed Piping at Facility C.O. ~4 L.S. 0 I 100% $883.00 $883.0{ J:\Co~p~lP84156-50~PayRq 16F,wk4 MONTHLY PAY REQUEST Page: 2 of 2 Owner: City of Coppell, Texas Pay Request No: 16 and Final Total Work Item Quantity in Revised Complete Total Work Contract Extended No. Description Unit PrOpapal Ouantitv [This Reouest Completed Price Amount 25 Power Feeder to Overhead Door C.O. #4 L.S.. 0 I 100% $S30.00! $530.00 26 Adding 2-Pressure Gauges on Discharge L C.O. ~t4 L.S. 0 I 100% $193.00 $193.00 27 Monitoring Pressure Points C.O. #S L.S. 0 I 1% 100% $6,412.00 $6,412.00 28 Level Transmitter Auto Switch C.O. #5 L.S. 0 1 1% 100% $1,260.00 $1,260.00 29 Add DWU Inflow to new SCADA Sys. C.O. #S Hrs. 0 16 16 $55.00 $880.00 30 Contract Adjustment C.O. #6 L.S. 0 1 1 I ($2,275.001 ($2,275.00~ 31 ~SCADA System Contact Adjustment C.O. #6 L.S. 0 I I 1 ($2,500.001 ($2,500.00~ *RETAINAGE CALCULATION: Primary Contract (items 1 thru 8, 10, and 12 thru 26) $932,809.00 x 0% = $0.00 SCADA Change Order (Items 9, 11, 27, 28 and 29) $157,293.00 x 0% = $0.00 Prepared and Submitted by: SHIMEK, JACOBS & FI / sultingEn .~~ Total Amount $1,090, 102.00 * Less Amount Retained $0.00 Gary KHendri{~, P.~. (Primary Contract) 0% (SCADA Change Order) 0% Date: 10/21/97 Total Amount Payable $1,090, 102.00 Approved for Owner By: Less Previous Payments $1,080,838.51 Date: Amount Due This Request $9.263.49] J :XCoppell~4156-S 0XPaFRq 16F. wk4 CITY OF COPPELL, TEXAS VILLAGE PARKWAY PUMP STATION ADDITION PROJECT NO. WA-930~ BID NO. Ql195-02 CHANGE ORDER NO. 6 (Revised)_' A. INTENT OF CHANGE ORDER The intent of this change order is to modify the provisions of the contract entered into by the City of Coppell, Texas and North Texas Municipal Construction, Inc., 5614 Dyer Street, Dallas, Texas 75206, for construction of the Village Parkway Pump Station Addition, dated January 9, 1996. B. DESCRIPTION OF CHANGE 1. The City of Coppell hereby agrees to a request by North Texas Municipal Construction Co., of contract time extension of 110 calendar days. 2. Pay Items Nos. 4, 5 and 6 are not required to complete this project and are eliminated by this Change Order. 3. North Texas Municipal Construction Co., hereby agrees to a reduction in the total contract amount of $2,275. 4. North Texas Municipal Construction Co., hereby agrees to a reduction in the SCADA Change Order (Change Order No. 2), in the lump sum amount of $2,500 based on the agreed rate of $500 per day from 10/1/97 through final acceptance of the SCADA System on October 5, 1997. C. EFFECT OF CHANGE ON CONTRACT AMOUNT This change will have the following affect on the final contract amount: Original Revised Change Revised Item Contract Contract Order Contract No. Description Units Quantity Quantity Unit Price Amount 4 Extra Class "A" Reinforced Concrete C.Y. 25 0 $350.00 ($8,750.00) 5 Extra Class "C" Concrete Backfill C.Y. 25 0 300.00 ($7,500.00) 6 Extra Crushed Stone C.Y. 25 0 35.00 ($875.00) 30 Contract Amount Adjustment L.S. 0 1 ($2,275.00) ($2,275.00) 31 SCADA System Contract Adjustment L.S. 0 1 ($2,500.00) ($2,500.00) Total Amount of Change ($21,900.00) i:xCopp~Sr~4~s6~sp~XCO-S.do~ Page 1 of 2 City of Coppell ~' Village Parkway Pump Station Additions - Change Order No. 6 Original Contract Amount $933,000.00 Amount, Change Order No. 1 (5,000.00) Amount, Change Order No. 2 152,739.00 Amount, Change Order No. 3 18,415.00 Amount, Change Order No. 4 2,991.00 Amount, Change Order No. 5 8,552.00 Amount, Change Order No. 6 (21,900.00) Revised Contract Amount $1,088,797.00 D. EFFECT OF CHANGE ON CONTRACT TlivfE The changes identified above will add 110 calendar days to the revised contract time. Original Contract Time: 300 Calendar Days Calendar Days, Change Order No. 1 0 Calendar Days Calendar Days, Change Order No. 2 60 Calendar Days Calendar Days, Change Order No. 3 0 Calendar Days Calendar Days, Change Order No. 4 30 Calendar Days Calendar Days, Change Order No. 5 30 Calendar Days Calendar Days, Change Order No. 6 110 Calendar Days Revised Contract Time 530 Calendar Days By the signatures below of duly authorized agents, the City of Coppell, Texas and North Texas Municipal Construction Company, Inc., do hereby agree to append this Change Order No. 6 to the original contract between themselves, dated January 9, 1996. City of Coppeil, Texas North Texas Municipal Construction Company, Inc. Owner Contrnctor By: By: Date: Date: Attest: Attest: J:~cov~i~41s6xco-6.~oc Page 2 of 2 TI'