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WA9302-CS 971216 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. BIRKHOFF, P.E. JoE R. C~,RTER, P.E. December 16, 1997 GARY C. HENDRICKS, P.E. 1. C. FINKLEA, P.E. Natgun Corporation 11 Teal Road Wakefield, Massachusetts 01880-01223 Re: City of Coppell Village Parkway Ground Storage Reservoir No. 2 Gentlemen: From our telephone conversation on December 16, 1997, it is our understanding that issues regarding payment due Gee Consultants Inc., for testing requested by Natgun during construction will be resolved shortly. Once the issues with Gee Consultants are resolved, please provide a waiver of release from Gee Consultants Inc., to our office. We are also enclosing a preliminary copy of the final pay request and two copies of the Contractor' s Affidavit of Final Payment and Release form for your signature. Please complete, sign and return both copies of this form to our office. Once we receive the waiver of release from Gee Consultants Inc., and the executed affidavit of final payment and release, we will forward the final pay request to the City of Coppell. Gary C. HendrZ P.E. Enclosure cc: t-~l~r. Kenneth M. J:\Col~pell\94-15SXL, e[ters\Co~st~Af~dav:~ .Doe CONTRACTOR'S AFFIDAVIT OF FINAL PAYME NT AND RELEASE THE STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared CAffiant"), who, after being by me duly sworn, deposes and says that he is , of Natgun Corporation (corporation, pa~nerzkiF, trade name) of County, State of Massachusetts (the "Contractor"), which said Contractor was awarded the contract dated the 23rd day of May 19 95 , for the construction of Village Parkway Ground Storage Reservoir No. 2; Project No. WA-9302; Bid No. Q0395-01 in Coppell, Texas (the "Work"), for a total consideration of Two Million,-Eight Hundred Twelve Thousand, One Hundred Forty-Eight and 40/100 ($2,812,148.40) Dollars to be paid to the said Contractor (the "Contract"), and that Affiant has full power of authority to make this affidavit. That 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 materials 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 Sixteen Thousand, Two Hundred Ninety-Nine and 49/100 ($16,299.49) 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. Natgun Corporation By (Areant) (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 J:\Coppell\94155x, specs~,Af~d,doc "" MONTHLY PAY REQUEST "~ Page: 1 of 2 Owner: City of Coppell, Texas Pay Request No: 15 and Final Project: Village Parkway Ground Storage Reservoir No. 2 Contract Date: May 23, 1995 Project No. WA-9302: Bid No. QO395-01 Original Contract Amount: $2,809,305.00 From: February 1, 1997 To: September 11, 1997 Revised Contract Amount: $2,812,148.40 Contractor: Natgun Corporation Construction Time: 300 Calendar Days 11 Teal Road Wakefield, Massachusetts 01880 Allotted: 300 Used: 781 ~ex ' ' ' Contract Extended 1 6-MG, Precast, Wire-Wound Prestressed Cone. L.S. 1 100% $2,525,838.00 $2,525,838.00 2 36" Reinforced Concrete Cylinder Pipe L.F. 590 590 $236.00 $139,240.00 3 36" Direct Burial Butterfly Valves Ea. 3 3 $12,880.00; $38,640.00 4 Connect to Existing 36" Water Lines Ea. 3 3 $5,175.00 $15,525.00 5 Coat Exterior of 6-MG Ground Storage Res. L.S. 1 100% $60,815.00 $60,815.00 6 Modification to Exterior Ladder on Reservoir #1 L.S. 1 100% $2,520.00 $2,520.00 7 Trench Safety Devices for 36" WL Const L.F. 590 590 $4.60 $2,714.00 8 Site Irrigation, Complete and Operational L.S. 1 100% $10,665.00 $10,665.00 9 Furnishing and Planting 3" Live Oak Tree Ea. 17 17 $219.00 $3,723.00 10 Furnish &Plant One Gallon Coral Honeysuckle Ea. 50 50 $14.40 $720.00 11 Bermuda Grass Hydromulched S.F. 45,000 45,000 $0.05 $2,250.00 12 Furnishing and Placing Bermuda Grass Solid Sod S.Y. 2,210 2,210 $2.70 $5,967.00 13 Removal and disposal of existing trees Ea. 4 4 $57.00 $228.00 14 Relocating Cedar Elm Trees Ea. 4 4 $115.00 $460.00 Re-route Conduit & Extend Circuit 150' 15 including Overhead and Profit CO #1 L.S. 0 1 1 $2,843.40 $2,843.40 Prepared and Submitted by: SHIMEK, JACOBS & FINKLEA Consulting Engineers, Dallas, Texas Total Amount $2,812, 148.40 By: . · 77~ ~!ii :;'i~ ii~i C;? iL;~~. L~;ntRetined'l, 0% $0.00 Approved for Owner i i:~ ~';! ~~b ,~';.-~ ._ By: Less Previous Payments $2,795,848.91 Date: Amount Due This Request $16,299.49 J:\CoppellX94155~Pay-RqstMPay-Rql 5.wk4 MONTHLY PAY REQUEST ~ Page: 2 of 2 Owner: Ci_ty of Coppell, Texas Pay Request No: 15 and Final Description Unit Quanti_ty Price Amount BREAKDOWN FOR ITEM NO. 1 (6-MG, Preeast, Wire-Wound Prestressed Conc.) 1 a. Erosion & Sedimentation Control L.S. 1 100% $5,175.00 $5,175.00 lb. Temporary Access Road L.S. 1 100% $19,200.00 $19,200.00 lc. Site Work (Earthwork) L.S. 1 100% $56,600.00 $56,600.00 ld. Drilled Piers L.S. 1 100% $400,000.00~ $400,000.00 le. Electric & Telemetering L.S. 1 100% $47,300.00 $47,300.00 lf. Sidewalk, Splash Pad &Flume L.S. 1 100% $16,100.00 $16,100.00 lg. Piping (Overflow Line &Drain Line) L.S. 1 100% $29,800.00 $29,800.00 lh. Gravel Underlain L.S. 1 100% $1,400.00 $1,400.00 li. Perimeter Underdrain L.S. 1 100% $9,200.00 $9,200.00 lj. Engr. Design Dwgs, Calculations &Job Set Up L.S. 1 100% $125,000.00 $125,000.00 lk. Footings &Floor Complete with Piping L.S. 1 100% $3 13,000.00 $313,000.00 1 !. Cast Wall Panels L.S. 1 100% $262,000.00 $262,000.00 lm. Cast Dome Panels L.S. 1 100% $225,000.00 $225,000.00 ln. Erect Dome Shoring &Forms L.S. 1 100% $150,000.00 $150,000.00 1 o. Erect Wall Panels i :!i 100% $227,000.00 $227,000.00 ·-." i':'i L,S. ~. :: l:i :i lp. rect Dome Pan is lq. Form and Pour Wall Slots L.S. 1 100% $60,000.00 $60,000.00 lr. Form, Reinf. & Pour Dome Ring & Dome Slots L.S. 1 100% $50,000.00 $50,000.00 Is. Core Wall Shotcrete L.S. 1 100% $60,000.00 $60,000.00 1 t. Wirewinding L.S. 1 100% $110,000.00 $110,000.00 lu. Covercoat L.S. 1 100% $70,000.00 $70,000.00 lv. Strip &Remove Shoring &Forms L.S. 1 100% $60,000.00 $60,000.00 lw. Hatch, Vent &Overflow L.S. 1 100% $15,875.00 $15,875.00 lx. Wall Manhole L.S. 1 100% $7,000.00 $7,000.00 ly. Ladders & Handrails L.S. I 100% $20,188.00 $20,188.00 lz. Pilasters L.S. 1 100% $38~000.00 $38,000.00 TOTAL: (Item No. 1) $2,525,838.00 J:\Coppell\94155~Pay-Rqst~Pay-RqlS.wk4