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WA9302-CS 980213 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. C~ aoE R. CARER, P.E. February 13, 1998 GARY C. HENDR1CKS, P.E. I. C. FINKLEA, P.E. Mr. Kenneth M. Griffin, P.E. City of Coppell Post Office Box 478 Coppell, Texas 75019 Re: Village Parkway Ground Storage Reservoir No. 2 Project No. WA-9302; Bid No. QO395-01 Dear Mr. Griffin: We are enclosing three (3) copies of Pay Request No. 15 and Final in the amount of $16,299.49 for work performed by Natgun Corporation on the Village Parkway Ground Storage Reservoir No. 2 project, from February 1, 1997 through September 11, 1997. This project was completed in September of 1997; however, the contractor was not able to execute the Affidavit of Final Payment & Release due to an unresolved claim by Gee Consultants, Inc. The City has been holding $16,299.49 in retainage on the project until the claim was resolved. We are enclosing one copy each of the Final Waiver & Release of Lien Rights executed by Gee Consultants, Inc., and the Affidavit of Final Payment executed by Natgun Corporation. Based on our review of these documents and our telephone conversations with Mr. Richard Gee and Natgun Corporation, it appears all outstanding claims have been resolved. If you concur with this Final Pay Request, please have it executed for the City of Coppell and forward one copy along with the payment due to Natgun Corporation. Sincerel~.~~~ Sincerel , ' Enclosures cc: Mr. Larry Davis Natgun Corporation J :\Co ppel 1\94 l 55\pay-rq stXLtr- 15 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 Kenneth E. Johnson CAffiant"), who, after being by me duly swum, deposes and says that he is Kenneth E. Johnson , of Natgun Corporation (corporation," .......": ....~ 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. By ~ .. KE Ef-d ; N T EXECUTIVE VICE PRESIDRNT (Printed Name) SUBSCRIBED AND SWORN TO BEFORE ME, this the 2ND day of FEBRUARY ., A.D. i998 (Notary Public, in and for the State of ' M. ASSACHUSETTS RICHARD M. DAVIS (Printed Name of Notary) My Commk~m ~n~s 1~ 26, My Commission Expires J:\Coppell\94155NspecsXAffiddoc FEB-11-1998 14:46 GEE CONSULTRNTS INC 5 P.02 FINAL WAIVER AND FINAL RELEASE OF LIEN RIGHTS OF SUBCONTRACTORNENDOR AND CERTIFICATION OF PAYMENTS WHEREAS, the ~ has performed labor or fumished materials or done both pursuant to the ~ contract or purchase order with the Natgun Corporation, heroinafter called 'Natgun", for improvements at tJae 60 MG Villac~e Parkway Ground Storage. Resen/oir No. 2: Pro_iect No. WA-9302, owned by the City of CoDaell. Texas, heroinafter referred to as "Owner"; and, WHEREAS, for value received in full satisfaction as a result of the foregoing, $~ is due and payable to the .~ from Natgun for the pedod ending February_ 3.1998; and, ;~ '-.~,['; WHEREAS, the undersi_~ned has been requested to acknowledge receipt from Natgun of payment such sums as are due for the period ending-February_ 3. 1998 and to release and waive any liens or claims the .gad.e.[ljgatd may have or assert against Natgun for such improvements and real property that have arisen;by virtue of the ~ work under Purchase Order..,.No..3962 :i.n..connection with such construction. NOW. THEREFORE, based on this final payment, the undersigned hereby waives. relinquishes, and releases its liens. claims dghts, and charges of every nature whatsoever,which have arisen by virtue of such labor (including: all applicable local. state...and f.e_~eral minimum prevailing wages) and/or materials furnished. by the ~~'includirig any and all mechanic's or matedalmen's liens to the-exterit such monies owed have been paid by the undersigned. ' FURTHER. the ~ hereby certifies that all claims and amounts from subcontractors and suppliers incurred by the undersigned have been paid for work for which previous certfficates for payment were issued and payments received from Natgun, and further that the ~.! upon receipt of the sums requested in the current application for final payment, will apply said money upon receipt thereof to the satisfaction of current bills incurred. that all local, state, and federal taxes applicable to this contract or the work performed thereunder and not specffically assessed against the Owner and/or N.~tgun have been paid or will be paid by the undersigned. The ~ has no knowledge of a lien being filed by any laborer, materialman, or subcontractor who has directly or indirectly contributed to or has been employed in connection of said work. The foregoing representations are made to induce Natgun, to make payment of $5,000.00 under said contract knowing that said Natgun is relying upon the representations herein contained. FEBell-1998 14:47 GEE CONSULTRNTS INC 5 P.03 UNDERSIGNED: GEE Consultants (Company) Richard W. Gee, President (Signature) STATE OF TEXAS ) S.S. COUNTY OF DALLAS ) On this II day of February Nineteen Hundred and Ninety-eight, pe~onally ~peared, Richard W. Gee , to me known to be the ~vidual ~ exec~ 'ffie foregoing affidav~ and waiver and ~at he/she duly acknowledged to me that he/she execut~ the same.