WA9302-CS 960826 ' ' NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. UC} ~-6~ ~
Attorneys & Counselors at Law
LAWRENCE W. JACKSON 1800 Lincoln Plaza JOHN F. ROEHM III
ROBERT L. DILLARD III 500 Nollh ~rd JENNIFER R. DIETZE
ROBERT E. HAGER Dallas, Texas 75201 JASON C. MARSHALL
PETER G. SMITH
bAWD M. BERMAN (2]4) 965-9900
BRUCE A. STOCKARD Fa~ (214) 965-0010 ROBERT L. DILLARD, JR.
H LOUIS NICHOLS
OF COUNSEL
August 26, 1996
Ken Griffin, City Engineer, P.E.
City of Coppall
255 Parkway Boulevard
P.O. Box 4?8
Coppall, Texas 75019
Re.' Gee Consultants, lnc.'s Claim for outstanding invoices against Natgun Corp.
Dear Ken:
As you know, I have informed Mr. Gee at Gee Consultants, that the City will not
withhold specific amounts of money from Natgun in order to settle their dispute at this time. I
did inform Mr. Gee of the City's ability to withhold money at the end of the project if
subcontractors remain unpaid.
After reviewing the documents which govern the City's agreement with Natgun, it is my
belief that Gee Consultants, would be considered a subcontractor, even though no written
agreement was executed between the parties. Therefore, if at the end of the project, Gee
Consultants remain unpaid for work performed at the request of Natgun, as part of the project,
the City would have the ability to withhold payment to Natgun until the dispute with the
subcontractor was resolved. Whether or not this will be an appropriate action by the City will
ultimately depend upon the status of the dispute at the end of the project, so it is therefore not
recommended that the City discuss this possibility in detail with either Natgun or Gee
Consultants until such time as it is absolutely necessary. If this issue must be visited at the time
the project is completed, hopefuiiy the City will be able to encourage a resolution of the dispute
between the parties.
Thank you for your attention to this matter. Please feel free to call if you have any
questions.
Very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH
JCM/dlw B~~Jion C. !Marshal~:r/"'~//'t/'~
2892
' NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
Attorneys & Counselors at Law
LAWRENCE W. JACKSON 1800 Lincoln Plaza JOHN F. ROEHM III
ROBERT L. DILLARD Ill 500 ]%Toz'th Akard JENNIFER R. DIETZE
ROBERT E, HAGER Dallas, Texas 75201 JASON C. MARSHALL
PETER G. SMITH
DAVID M BERMAN (214) 965-9900
BRUCE A. STOCKARD FaX. (214) 965-0010 ROBERT L DILLARD, JR.
H LOUIS NICHOLS
OF COUNSEL
August 26, 1996
Mr. Richard W. Gee, P.E.
Gee Consultants, Inc.
10046 Monroe Drive
Dallas, Texas 75229
Re: Gee Consultants, Inc.'s Claim for outstanding invoices against Natgun Corp.
Dear Mr. Gee:
The undersigned represents the City of Coppell, and in that capacity submits to you this
letter regarding your request that the City of Coppell discuss the possibility of withholding
money from Natgun Corporation in connection with money owed to Gee Consultants, Inc by that
company.
While it is understood that you have claims against Natgun Corporation for money owed
to Gee Consultants, Inc. for work performed, the City will not be able to withhold specific
amounts from payments that may be owed to Natgun Corporation under Natgun's contract with
the City. Accordingly, the City cannot offer to pay Gee Consultants, Inc. any amount of money
in settlement of the dispute with Natgun, from the amount to be tendered to Natgun Corporation
by the City.
However, I will advise you that the City's agreement with Natgun is governed by the
North Central Texas Standard Specifications for Public Works Construction, which entities the
City to withhold payment to Natgun for failure to make payments to the subcontractors on the
project. This issue will be addressed at the time of completion of the project, but perhaps will
give you some assurances Chat the City intends to insure that all subcontractors on the project
have been paid accordingly.
Thank you for your attention to this matter. Please feel free to call if you have any
questions.
Very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH
JCM/dlw BY Jason C. Marshall
co: Ken Griffin, City Engineer, P.E.
2852
To: Peter G. Smith, City Attorney
From: Kenneth M. Griffin, P.E., ACM/City Engineer
RE: WA 93-02 / Gee Consultants Outstanding Invoices
Date: July 23, 1996
Attached to this memo, is a letter from Gee Consultants with a request for the City to withhold
monies from the general contractor NATGUN Corporation for outstanding invoices to Gee
Consultants. My understanding of the issues are as follows:
1) The City hired NATGUN to construct a six million gallon ground storage tank.' Our
specifications required the City to hire a testing firm to perform certain material tests
necessary to insure that the construction was meeting the minimum standard for construction
of this type. To meet this contract obligation, the City contracted with Gee Consultants.
2) During the course of construction, it was NATGUN representatives opinion that they needed
additional testing on the project. They in turn contacted our materials testing f'ffm on the
job site, Gee Consultants, to perform the additional testing.
3) At no time did the City .authorize Gee Consultants to perform the additional testing on
behalf of the City. It was authorized and performed solely under the direction of the
representatives of the NATGUN Corporation.
4) It is the City's opinion that our contract with GEE Consultants is what controls our payment
to C, ee Consultant and because we did not authorize Gee to do the additional work for
NATGUN then we are not responsible for payment.
5)GEE Consultants did not obtain a written contract from NATGUN Corporation but only
operated under a verbal agreement to perform additional testing.
GEE Consultants has repeatedly attempted to get NATGUN to pay the outstanding invoices.
Because GEE does not have a contract with NATGUN and because our contract does not cover
the additional work, GEE is now seeking relief through the City's contract with NATGUN. In
essence, Gee is requesting the City to withhold money from NATGUN and pay Gee the
outstanding invoices.
At the end of each project we require that the general contractor submit an affidavit stating that
all subcontractors have been paid. Because there is not a contract with GEE Consultants it is
somewhat cloudy on the issue of whether or not they are a valid subcontractor to NATGUN.
Even though they did perform work for NATGUN under a verbal agreement it is difficult for
the City to ascertain the actually scope of that work requested by NAT(~UN. This contract is
governed by not only the job specifications and contract but also by the North Central Texas
Standard Specifications for Public Works Construction, of which Item 1.52 entitled "Payment
Withheld" (copy enclosed) states that the owner may withhold payment for "(g)" failure of the
contractor to make payment to the subcontractor for material or labor.
I am obviously trying to resolve this issue before the final completion of the project. I am
requesting guidance on whether the City should get involve and withhold funds or whether we
should ignore Gee's request because Gee does not have a written contract with NATGUN. If
you need additional information such as the original contracts or specifications or the compete
North Central Texas Standard Specifications for Public Works please contact this office at your
convenience.
10046 Monroe Drive · Dallas, Texas 75229 · (214) 352-5433 · Fax (214) 352-6972
July 16, 1996
Mr. Ken Griffin
Ci~ of Coppell
P.O. Box 478
Coppell, TX 75019
Re: Outstanding Invoices
6.0 MG Water Storage Tank
Coppell, Texas
Dear Mr. Griffin:
As you may not be aware, Natgun Corporation has still not paid our firm for
construction material testing services provided for the above referenced
project, as of the date of this letter.
Enclosed is recent communication received from Hotchkiss Insurance
Agency who, to our understanding, is the agent used by Natgun to obtain
their bonding.
Please contact me to discuss the possibility of the City of Coppell
withholding money from Natgun Corporation, as this option was discussed
verbally during the course of construction.
Thanks in advance for your help.
Richard W. Gee. P.E
President
cc: Gary Hendrix - Shimek, Jacobs & Finklea
encl.
RWG/jd
HotchKiss lnsurance Agency,lnc
16475 Dallas Parkway, # 220
Dallas TX 75248-2682
Phone: 214-931-3750 214-931-5257 ~ L~
Bond Department ' ~ ~ ~
600 N. Pearl Sireel
Dallas TX 75201
Enclosed ~ ~h~ paper~ork for a bond c~a~m ~urned ~n~o u~ by
Consultants, Xnc. ~a~un Corporation o~e~ Go~ Consultants a large sum
of ~on~ ~nd h~ r~fu~d ~o pay. P~a~ a~n an adjuster and
number for ~h~ c~a~m hShPl! Xf you hav~ any qu~s~on~ p~as~
~r~n G~ a~ (~4)3~-~433 or r~ach h~r by fa~ a~ (~4)352-697~. Thank
you ! ~
Farrah
Hotchkiss Insurance Agency,lnc
Dallas TX 75248-2682
Pho.e: 214-93 1-3750 214-93 1-5257
Gee Consultants, l.c.
Kate. Gee
10046 Monroe Dr.
Dallas TX 75229
This is a copy of all the paperwork we mailed CNA. If you have any
questions, please call Barbara or Pat Agerri at CNA, (214)620-5324.
If you need anything else, please call (214)931-3750 and we will try to
help. Thank you!!
Farrah
TO: Continental Casualty Company, Inc.. CERTIFIED MAlL
% Douglas G. Hotchkiss Insurance Agency RETURN RECEIPT REQUESTED
One Bent Tree Tower
16475 Dallas North Palbray #220
Dallas, Texas 75248
AND
Natgun Corporation CERTIFIED MAIL
Eleven Teal Road REI'URN RECEIFI' REQUE~q[ED
Wakefield. Massachusetts 0...1880
RE: 6.0 MG Water Storage Tank, Co_ppell, Tex~
We notify both of you that GEE Consultants, Inc. has a clahn in the sum of Seven
Thousand Two Hundred Fifteen and 95/100 Dollars ($7,215.95) for labor performed and/or
materials delivered during the month(s) of September, October, November, DecelnbeL 1995,
January and February., 1996 on the referenced project. The labor performed and/or materials
furnished by us are generally described as follows: Field and Laboratory Testing and
Inspection of Construction Materials. Such labor performed and/or materials were furnished
to Natgun Corporation pursuant to the terms of an oral agreement with Nalgun Corporation.
Attached heteto is our Sworn Statement of Account.
This notice is sent in compliance with the McGregor Act, Article 5160 of the Revised
Civil Statutes of Texas.
Dated this 4 day o[U June, 1996.
GEE Consuliants, Inc.
By:
Richard W. Gee, P.E., President
STATE OF I'EXAS §
§ SWORN STATEMENT OF ACCOUNT
COUNTY OF DALLAS §
Before me the undersigned authority on this day pelsonally appeared Richard W. Gee,
P.E. after being by me duly sworn did depose and say:
1. My name is Richard W. Gee; I am the P~esident of GEE Consultants, Inc. and
am authorized to make this affidavit;
2. GEE Consultants, Inc. has a claim in the amount of Seven Thousand Two
Hundred Fifteen and 95/100 Dollars ($7,215.95) for labor performed and/or materials
delivered during the months of September 1995 to February 1996 for Natgun Corporation.
3. The amount of this claim is just and correct. and all lawful offsets, payments
and credits known to the unde~sigued claimant have been allowed.
4. 1he amount of arty ~etai_uage applicable to the account on which the claim is
mad~ which have not yet Oecome due by vhtue of the teHns of the contract on which the
above claim is made is $0.00.
5. The invoices or statements attached hereto are true and correct copies of tile
original of szune which were sent to Natgun Corporation.
Subscribed and swoxn to before me tilts 4 day of June , 1996.
Notary Public in and [or
The State of Texas
My Cornmission Expires:
TOTAL P.03
PERFORIVIANCE BOND
~ son
~OW ~L ~N BY T~SE P~SENi~: 'lhat Ns~un Collation
who~ n~nss is 11 Ted Road
~d ~ntinen~a~ Cnsualtl Cgmpnnr ,
a ~o~on o~g~d'~nd e~ti~g Under the I~ws ot~ State of ~I L~6~ __~ and fully
{i~ to ~t b~in~s in ale SM~ of Ten,, M $~, s~ held ~d ~ly ~mmnd ..~o the C~ OF
COPFELL, 8 munidpd co~o{ation otpni~ ~nd exi~lng tier the laws of ~e S~te uf Texas, henlnn~tr
oiled "B~efiei~", in ~e penal sum of Two MilIi~, Ei~a Honed N~e 1ho~Qnd,
Five ~llm nd No C~U ~LL~ ($ 2,809,305.00 )
~ 'ii~l money ot~e United SMte~, ~o ~ paid {~ D&it~ cuumy, Tu~. for me pa~t of whid~ sum we. ~d
{~uly to be made. we bind ourselves, our hobs, e~uton, adm~isu{on and suc~wn jointly m~d save{ally.
~ly by lhese pn~nls. ~ds Bond shall au~mali~lly ~ inc~ud by ~e ~o~nl of say Ch~ge ~der or
Supplemental A~ent dh increases {he C~ct peice, but in no ev~t shall ~ Chan~ ~er or
8upplemen~ A~eement which rdu~ ~e Cutm~ac{ pxi~e d~re~e ~e F~I s~ of~is Bond.
TI{ OBLIGAHON TO PAY NAME il condi{ioned u follows: ~, ~e Psirio{pal ~l~d into m
~n Con~ot ~b ~e City of Cop~ll, lhe Bonefield. dated fire 23cd day o[~
A.D. 19 95 ., which is made a p~ hereof ~ ~f~nce, for ~e cons~cOon of~rMln public improvemeaN
· a{ ~ goneally d~edkd as
Fto]~ No.
Bid ~o. Q039581
~OW. T~O~, if U~e P~cipal shall well, ~ly ~d fa~F~ll~ pe~o~
~de~gs, ~vea~ts, le~s, ~hio~ aod ~men~ of ~td Con~l in
s~i~tio~s ~a Con~ ~umen~ dung ee original le~ ~of ana ~y eKt~i~n
~n~ by t~ ~n~cim~. with ~ without nolice tv ~e Surer. ~d dt~g ~e life of any ~u~ran~ ot wo~n~
~quired ~der ~is Cont~, and shall also well ~d ~y perfo~ and fulfill all the underlings. covenan~
~s, conditions ~d npen~ of any and all duly au~otiz~ m~ificnt~ns of said Contract ~t may
henn~er be made, nelice of which m~ificatiom to Ihe SumW ~g hobby wnived~ and. if ~e Principal allall
~pair ~or toplace all dehcls due to holly ma~i~ and workmms~ip thin appe~ ~1hin · ped~ of one (i)
ym from rite date of ~ul compl~ion and final ne~n~ of ~e Wgt~ ~ ~t; 0~. if t!~ hinci~l shall
ally tndmnify and save habits ~e Bene!le~ ~m ~l co~ ~d d~ag, whi~ Benefictn~ may ~ffer by
te~n of hiln~ m so ~ h~ and shaU ~lly Rimbune end ~ B~ci~ nil ouday and expose
which the Be~fici~ may ~cur in making I~ ~Y deh~t ~r dellalley. e~ this obligation shall ~ vol~
~~, R shall nmn~ In full f~e ~d eff~t.
PRO~ED ~RT~R, th~ If a~ legal s~Ion be filed on ~ Bon~ ~ludve Yenue gimll lie ~ Dalln
Ce~m~. lexM.
fJ~rv~vrd P/92}
JUII IJ L_'JU 11.t__' I_~LL UJII3LILIItlI,_, [1~,_, _, ~"
"
AIqD I?ROVIDED EIJIt, TIIER, 0mr the said Suxtty, for value ttcelved. hereby stllpulstes a,d s&pzes that
no chrome, cxt¢~slolt of time, alteration or addition to the letins of the Cosreact oF to the Work
thereunder or Me Sl~cillcations accompanying the me shall in an:l'~lse affect its obligation i~n this Bond, and it
d~ htsdt)' w,lv, u~ti~ of any st~h d,m, Se, ~xtert.,len ~f zim~, mlt~ration or ~ddilbR tu Ihe
C~ntract, or to lhe Work or to lhe Slpeclficationg.
lids Bond Is given pursuant to the pmvL¶ions o[ Article 5 160 el Vemon's Annotated Civil Sisrules, and
any other applicable statutes of II~ State of Texas.
The undelsilned and dealgnawed agent Is heleby designated by d~e 5mety herein as
Dallas Co~mty or Denton Cuunty to whom any ~qulsiM notices may be delivered and on whom service
process may be had In matters arising out of such suretyship, as povided by Ardcle 7.19-1 of the Insurance
Code. Vernon's Annotated Civil Statutes of the Stale of Texas.
I~ W!IlNESS WHEREOF, this instrument Is executed in _ s..i~. cepie~, each one of which
shallbsdeemedp. nodRinal, thls, the 23rd dayof .... ~ ...... t9 9~
I'RINCIPAL
1NIAI'GU~ CORPORATION
ATTEST.
~~ ;ne~ Title: Executive Vice Presideoft
SURETY
U01~flI~EI~AL CASUALI~ CCIH~AI~Y
A'ETl~b'~t Name: Donna 1~. Roble
~ llt3e: Al:tuz'nsy-ln-Fect
1he Resident Agent of the Sme~ in Dallas County or D~nmn County, Texas, for delivery of notice and servile
of the process
STlt~ET ADDIt~S-. J.ne_Be~t ~zee T?v__e_z-, 16ql~__D_a;~las l~lorth Park~'ar 220'~ DalZan, Taxes 75268
CN01~** Ds~e of P~formsnce Hond must be date of Contiact. If Resident Agent is not a ~c~l~otation, give a
Frson's name.)
(Reread
O:PERFBOHD. FRM/U!'
PAYMENT BOND
Bond I, lo 137845895
UiNSUmIUL'Hi o~' ~ }
COUI~?rY OR~])~~ }
KNOW AIL IVIEIq BY ~E~g F~SE~Nt 1hat Nmt~n Co~tion '
~huse add~s b I l T~al
a ~o~ O~d ~d'~ ~d~ ~he le~ of ~e State of ~ . , ~d full)'
!ken~d to ~ buskin In ~ S~te of Tu. M Su{e~. se ~ld
COPP~L~ m mmtidpsl ~ospg~ot, etpnlt~ sod ex{sting under tl~e laws erie State eEl'exam, hete~n~er
ulld "O~lr". ~d ~ ~11 ~0{% f~s. and ce~iuns ~hu mgy f~h mal~l~ f~. or ~fo~ la~
upon the buildin{ or impmvement~ h~lna~ re~nd ~ in ~e p~al ~ of Two ~illi~. ~t~h{ tlun~d
N~e ~ousand. ~ tlund~ Fiv~ Do!!~ ~d No Coals ~L~ ~S 2.8~,305.00 }
in lawful muney of ~e Unild S~les, ~ be ~{d fA'~ail~ C6u6i~ Text, for me paymeal ~~d
x~ly ~ ~ m~d% we bind oreselves, ~ur heh~ ex~ut~ ldm~nl~tmlot$ and subemits joinfly and S~v~tally,
firmly by ~ese ~nts. lhi{ Bond shall automatically ~ ;ll~d by
Supple~! A~em~ whirls in~.u iht Con~et price, b~ in no .~i shall m Chmmge Otd~f or
Supp{~.~ A~t which .duces te Couna price d~ die penal s~ oflis Bond.
~ OBLIGAHON TO PAY S~ is condidoned as follows: Wheteas, the hindpal enltm{d {n~ a
~,min Con~et wit ~e Ci~ ofC~,li. le O~er. d~ te ~3rd ~y of ~Y ,
19 9~ A.D.,whlehi~maden~h~ef~f{~e,f~
Village ~mr~a~ O~und ~to~ge R~e~oir
Project ~ WA-9301
Bid ~o. Q03~I
~OW, ~B~O~ i{ ~ h{n~i~l ~hall ~11, ~!y ~ ~h~,lly ~e~ il~ dmi~ and m~e ptom~
pa~{ Yo all p~ns, ~, su~onnac{ots, cmpu~fions and c{~imm~ supply{n~ lair ~or m~ted~
p~Ofi~ of ~e Work provided f~ t~ said Co,~ ~d any ~d ~! ddy au~rized
ConUact ~ may heEa~ ~ made. noHcm of which mudi~on ~ ~e Su~eU h bmby exp~!y waived. ten
this ubligaHon s~ll ~ void; o~is~ It shall {emaln ~ full fo~ and
~RO~DED ~~R, ~,l }f~y legal a:!bn be filed ~xz Ods Bond, uciusi,e Ven,te shall [i~ in Usil~
County, Tex,.
~ ~ROV~ ~~R, lat ~e s~d S~e~, for value restive,
no chang% e~t~on of t~e, nlte~a~on or ~ditlon ~ Cou~ ~ to
and it d~ he~ ~ive nott~ Of ~y ~h ch~, ~;on of time, al~Gon ot ~diti~n to the tem~ of ~
Con~, or ~ the Work to ~ ~lfotm~ lh~under,
~ds Bund h Riven pursu~n{ m the p~v{;{on{ d ~de ~1~0 of
fR~,tsed
O:P~RO~~P 1-31
J LII I J- zt .L 'bt :,lb .L 1; JU ULI- bUi LqUL I t tl 1 ~ o l I ~b 5 t .
The under~ii~ed sm] d~.~neled agen! is hereby de~ignaled by lhe Sur~t~ hcfetn ~ ~e ~Id~n~ A~n~ in
~i1~ Co~n!~ or ~ten Coun~ ~ wl~m nn~ r~q~isi~e nolic~ may b~ d~liw~ ~d on whom se~ice of
pr~ess may be h~ in mst~ ~s~g out of sucln su~t~p, ~ pmvid~ by ~ticle 7,19-1 of lhe Insure
~ WI~E~ W~OF, ~is i~.cnt is e~uted in ~. slx: ,___ copie~ each one of which
m ~ _
B6/1Btl~gB 14:25 214351e264 ~I~K,JA~I~E
I
~e unaersi~ .n~ ~uiine/ed =genl ~= h~reby ~signsl~ by ehe Suq h~in ~ d,e R. iden/A~nm In
~11. Coun,~ .r ~.mn C.~y ~ wlmm ~) ~ut~tle nolic~ m~y ~ deliv~) ~n~ on whom
C~e, V~on's ~m~ Civil Sm~te, of ~e S~e~e
) ~ ~)B ~~OF, ~is ins~mene is ex--u~ in ..... BIX _ __ copies, e=ch
I
P~C~
g NAT~U~ CORrO~TiOR
~ I'F-~BOI'.rL~. F~I/CP t - J;
I _1 l-J'3-['_q'-I_F, I],: _',J, I,ILE U_III:,LILlttlII'3 111~_ !~, ...,,, I .Lib
Continental Casualty Company
CNA
For All the Commltmea~ You
AT4 ILLINC)I.~I
POWER OF AITORrlEY APPOIt,ITING IND!VlI]UAt. ATIORNL=I'olN-FACT
t~rlew NI Men b lhe~e FINeIll/, That CONTINENTAL CA,.~UALIY COMPANY e corpor;~tion duty org~lized and eKIslhqll under Ihe
of the Slide of itllnors, lind having Its I~de~cil~ql office In the Clty ol Chhngo, lad l~tRte of !~t;,ols, and h~rf;-9 it~ pHncl ~1 ellice In taw ClIy
Of Chicleo, end Slat9 (~ Illinois, does hereby m;ake Cqr~lllule and appohff Fra,k En~g I a rid, Fre nk J, ~m; t It ~
Individual Iy
of Haltick,
Its true ~ lawlul AtlomeT-in-f:~ct w11h full power and tulhoHtr hereby conleered Io eliin. seal end elec,fe in II~ behalf bonds, ~Jnded31dngs
lad o~her eb!ig~fon/In~ln~m~n~l Of similar nature
amd to bind CON~INENIAt_ CASttALlY ~,~Y the,shy as fully end to the s~,,~ exten~ ea it sunh InStmum~mn were sq ned by the dmJly
~vthOHzed ellicaruS of CONTINENTAL CASUAL~ COMPANY and Ill the ~ts of s~d Attorney, pursu~l to Ihe nutl~rlty gemby given
h.~br ~allfl~ and ~flffn~.
This Pawel of Attome~ Is made ~d ~e~lsd ~ulnl to ~ ~ ~ffiodty of the following 9y~w dul7 ~opl~ ~ 11~9 Bo~ of Dl~tor$
Of the C~p~y.
"Article IX--~ullen of ~ocumwnls
6~tlon 3. Ap~n~efl ol Attem~-in-r~. The ~ilm~n Of It~ ~ of Olr~o~. lhq ~l~nt or n-r ~uti~, r~,lor of Group
~ce healdent ~y horn tim~ to alma e 'fit ~ w~tten ~nlI i~es a~tome e-Infect to ~t ~n ~h~ll of the (~mp~y In I~ ~ K~ullon
It~tiOfl$ ~t IO~h ~ their m~he curllilies of a,~d~ sn~e full ~wer to bind Ihe ~p~y ~y ~if tl0~tur.
Of any such inCrementS and to mXach the seal of Ihe ~ ~y tt~reto- The Chahm~n of th~ 8oa~ of l)irect~s, The PfeSident of
Executive, ~nlOf Or Group V~e Presldent or the ge~d ~isec~re, m~. ;I any thn~ fevOke Ill power e~ authority previously ~ven
to any nll~n~-In-f~t."
'Ibis ~we~ of Altomay is signed and sealed b facsimile under a~d b the aulhqri~y ef Ihe ldlowing R~elufi~n aeopted Oy the BoEd
of Dheclofs of Ira ~mp~ at a n~tlng dul~ carted ~d ~ld on Ihe l~h day of Fe~mmT, T~,
"Re~ohed, ~at ~ signstyro of the r~ldent ot ~ ~mfl~ Senior Of O~Ou Yice Pfeside,t and Ihe seat ol the ~m;eny may
~ ~flxed by telmile en ~y powe~ ol Shemay rent~ pM~uent ~; S~tlon 3 qe ~dide IX of the By-L~, ~nd the sign~ftl~ of
Secre~ff uf en AMiSSlilt ~xeta a~d the se~ o~ tlm ~mpany may ~ alllxed ~ I~simlle ~ ~ny celtllicel~ of any lu~ ~f
~y s~h ~er ef cedlficate be~ such f~slmile sign,lure and seal shell he ~l~d I~ blndh,g on the ~mOMy Ant such
~ ue~ted ~ sealed a~ ~dlfieR by ceffil;cete ~ ~ecut~ ~ sealed shMf, wiffi respect to any had o~ undeitaklng ~o wh~Is
it t~ alight, eentlnUe to h valid and bindanal on the
In WUntss Whmof, COHT1HEN1AL CASUALTY COMPANY ~ ceus~ theflu ~ffisenh to be 8lgqed by It~ G~p Vice P~esld
it~ eor~e ~ Io ~ hereto affixed this ~_ ::~ d~ of __ ~__ ,19~' ·
On ~tl 6th day ~f Junt , lg~~ . I~f~fe me pvrlOnall~
M.C. Vonnehme, to me k~wn, who Oelng b~ me dut ~ did dense ~ s: that ~ ~w~lde~ i, lh~ VIIi, q ot Dnw~rl Grove, Bride
Of IlllnO~ th~ he tsa G~o~p ~ ~si~tt of ~H~INEHIAL C~UAL~ COMPANY, the camor~tlo, dn,cr~ed In and which ex.cut~
Ihe ~ve Instmmenh that He ~ows ~e ~ of ~{d ~U~ IM~ the teal elfb~ to th~ ~ald in~rumenl h s~h e~te ~; IhWt
It W~ ~ ~ix~ ut~t ~ the ~eld illltmtng~t IS SUcil ~f f~e geM; ~1 It W~ 90 ell~ pumu~.t Io ~lllhotily illyen h the ~a~ '
of DlffiCtor$ of Mr~ eO~oTallon end that fie slg,ed h19 name rt~reto ~umuml to like 8uthodtF. ~d ack~wled~9 ~.me tO he the Kt ~d
deed of ~d ~fmtlon-
~' e~ .~ .
' ' ' "" ' ' ~ ~elary.
~0~ 123f42~ ~ INY
l C; TeL P. fG
P.0. BOX 478
N C I ~"NE t~'E R IN C~'~ "'"~"'~ ~='
)~~ COPPE~, TX 75019
City ~ffi A Bestial Future
· FAX H0, (214) 304-3570
TO: Jason Marshall FROM: K. Griffin
FIRM: PHONE NO.:
FAX NO: DATE: 8-23-96
TRANSM~ED BY~ T~E:
NUMBER OF PAGES (~CLUD~G COVER SHEET)
RE~ARKS: ~
EXCELLENCE~/
JF YOU 00 NOT eECEJVE ALL OF TME BY DESIGN /~~~~)
PAGES, PLEASE CALL (214) 304-3679. ~
18 ITEM 1.0.
Standard ---
pio~ee~ o~ the eo~, ~ho or ~hieh eon~ne~ ~h the ~o~
Specifications
merit, at or a~ut the si~.
S~ties: ~e co~n~ ~ies w~ch ~ ~d by su~ ~nds ~ ~
FOr ~ ~ nd for the ~A~R. ~e s~ties en~ to be ~
s~ible for the ent~e nd nthf~ ~Hment of the cont~, nd·
for ny nd ~ ~men~ ~ ~t out ~ the s~c~tions, conn~ or
Public Works
~e Work: ~ work ~clu~g ~e ~g of ~ h~, ~s,.
Construction
by the co~a ~der the ~ms of the ~n~t.
~, Req~, Append, nd Wo~s of L~e Im~: ~en-
ever ~ey apply ~ ~e work or i~ ~ffo~ce, ~e wo~s "d~,"
'~," ~t~," "o~e~," "d~i~," "es~bHsh~," '~re-
s~" nd wo~s of ~e ~p~ ~ ~ the con~t, s~tio~ or
upn ~e ~, sh~ ~ply ~e d~tion, ~q~ment, ~ssion,
o~er, desi~on or pre~ption of ~e o~zn; nd "approve," "~-
cep~ble," "n~sf~o~' nd words of Hke ~ s~ men app~v~
No h Central Texas by,or ~cep~ble ~ or nt~f~ ~ ~e
Eq~: Ma~, ~icles or meth~s whi~ ~ of ~ or higher
qu~ty ~ tho~ s~, or sho~ on the ~np nd ~ ~her
de~ ~ ~e "or ~" c~e.
S~ ~io~ or Condition: ~e s~ c~es, set~g fo~h
1991 ~ENDMENTS ~o.~o~ or ~q~men~ ~ ~ the' s~c p~j~ ~volv~,
tO Second Edition 1987, as Amended by supplemen~g ~e s~d~ or ~ne~ s~cffi~fio~ nd ~g p~c~
den~ over ny conditio~ or ~q~men~ of the s~d~ or gene~
1988, 1989 and 1990 Amendment Packets s~cffi~tio~ ~th which ~ey ~e ~ ~ffict.
(~so, u~at~ Fi~ Edition 19~, Wor~g ~e, Completion ~me or Con~t ~e: ~e t~e ~t
fo~h ~ ~e con~t for the ~ffo~ce ~d completion of ~e work
as amended b~ 1990, 1989, 19~, 1987, 1986, contn~d for. ~e t~e may ~ express~ ~ ~end~ days, wor~g
1985 and 19~ Amendment Packe~) days or a s~c~c da~.
ADOPTED OCTOBER17, 1991 C~.d~ nay or nays: Any successive days of the week or month, no
. days ~g exceptS.
: Wor~g Day: A wor~ng day is de~ n a ~end~ day not includ-
~g Sat~ays, S~days or those le~ holidays ~ speci~ ~ the
pre~ by the o~ for cont~t p~ses, ~ w~ch weather or other
conditions not ~der the cont~l of the C0~A~n sh~ ~t the ~r-
fo~nce of the p~ncip~ u~ of work ~de~ay for a continuous ~-
~ of not less thn seven ho~ ~tween 7 a.m. nd 6 p.m. A pdncip~
u~t of work sh~l ~ that u~t w~ch con~ols the completion t~e of the
contnct. No~ng in this de~tion sh~ ~ const~ ~ prohibiting the
NO~h 6sntral TSxas 60until of ~overnments ~A~n ~om wor~ng on Sat~ays ff he ~ des~es nd ~ssion
P.O. Drawer ~ of the o~nn hn ~en ~d. Work on Sundays sh~ not ~ ~t~
. , Mien,, ~ex~ 7~~ . except in ~es of ex~eme emergency ~d then offiy ~th the ~t~n
..... ~ - ~ssion of the o~na. If ~t~ay or Sunday work ~ ~t~d,
: · (8~ 7) ~-: . -. wor~g t~e s~ ~ ~ged on the ~e b~is ~ week days. ~e~
~ ~ ~ v~ ~ ~ ~ the wor~ng t~e ~ express~ ~ ~end~ days or a s~c da~, the
ITEM 1.54.
56 ITEM 1.51.3.
1.51.3. FINAL INSPECTION AND ACCEPTANCE: Whenever the ira- documents;
provemerits provided for by the contract shall have been comp]etely (f) claim filed by or against the CONTRACTOR or reasonable evidence
performed on the part of the CONTRACTOR, the CONTRACTOR shall notify the indicating probable filing of claims;
Engineer that the improvement is ready for final inspection. The Engi- ~ (g) failure of the compActoR to make payments to subcontractor or
neer shall then make such final inspection, and if the work is satisfacto- for material or labor;
ry and in accordance with the specifications and contract documents, (h) damage to another contractor;
the CONTRACTOR shall be issued a certificate of acceptance. (i) unsafe working conditions allowed to persist by the CONTRACTOR;
1.51.4. FINAL PAYMENT: Whenever the improvements provided for (j) failure of the CONTRACTOR tO provide work schedules as required
by the contract shall have been completely performed on the part of the by the OwNER;
CON"tRACTOR, as evidenced in the certificate of acceptance, and all re-
quired submissions provided to the OWNER, a final estimate showing the (k) use of subcontractors without the Engineer's approval; or
value of the work shall be prepared by the Engineer as soon as the (1) failure of the CONTRACTOR to keep current as-built record draw-
necessary measurements and computations can be made. All prior esti- ings at the job site, or to turn same over in completed form to the
mates upon which payments have been made are subject to necessary owN~,a.
corrections or revisions in the final payment. The amount of this final When the above grounds are removed, payment shall be made for
estimate, less any sums that have been previously paid, deducted or amounts withheld because of them, and owNER shall never be liable for
retained under the provisions of the contract, shall be paid the CONTRAC- interest on any delayed or late payment.
TOR within 30 days after the final acceptance, provided the CONTRACTOR
has furnished to the owNsn a consent of surety and an affidavit or other ITEM 1.53. SERVICE OF NOTICES
satisfactory evidence that all indebtedness connected with the work and
all sums of money due for any labor, materials, apparatus, fixtures or The owN~-E and the co~crnAcron shall each designate addresses where
machinery furnished for and used in the performance of the work have all notices, directions or other communication may be delivered, or to
been paid or otherwise satisfied, or that the person or persons to whom the which they may be mailed.
same may respectively be due have consented to such final payment. A Notices to the surety or sureties on contract bonds shall be directed
model CONTnACTOa'S Affidavit of Final Payment and Release is illustrated or delivered to the home office, or to the agent or agents who executed
in Appendix A. 1. the bonds on behalf of the surety or sureties, or to their designated
The acceptance of the CONTRACTOR Of the final payment as aforesaid shall agent for delivery of notices.
operate as and shall be a release to the OWNSn from all claims or liabilities Actual delivery of any such notice, direction or communication to the
under the contract, including all subcontractor claims, for anything aforesaid places, or depositing it in a postpaid wrapper addressed
done or furnished or relating to the work under the contract or for any thereto in any post office regularly maintained by the United States
act or neglect of said Ow~sa relating to or connected with the contract. Postal Service shall be conclusively deemed to be sufficient service
All warranties and guarantees shall commence from the date of the thereof upon the above persons as of the date of such delivery or depos-
certificate of acceptance. No interest shall be due the co~rnA~ron on any it.
partial or final payment, or on the retainage. The designated addresses may be changed at any time by an instru-
ment in writing executed by the party changing the addresses and de-
ITEM 1.52. PAYMENT WITHHELD livered to the other party.
In addition to express provisions elsewhere contained in the contract, Nothing herein contained shall, however, be deemed to preclude or
the owssn may withhold from any payment otherwise due the C0NTRAC- tender inoperative the service of any notice, direction or communication
T0R such amount as determined necessary to protect the OWNSR'S inter- upon the above parties personally, or, ff the cowra^c~oR be a corpora-
est, or, ff it so elects, may withhold or retain all or a portion of any tion, upon any officer or director thereof.
progress payment or refund payment on account of:
(a) unsatisfactory progress of the work not caused by conditions ITEM 1.54. UNLAWFUL PROVISIONS DEEMED STRICKEN
beyond the CO~rrRACrOR'S control;
(b) defective work not corrected; If this contract contains any unlawful provisions not an essential part
(c) co~rnAcron's failure to carry out instructions or orders of the of the contract and which shall not appear to have been a controlling or
material inducement to the making thereof, such unlawful provisions
owNsa or his representative; shall be of no effect. Upon the application of either party, the unlawful
(d) a reasonable doubt that the contract can be completed for the
balance then unpaid; part shall be considered stricken from the contract without affecting the
remainder of the contract.
(e) work or execution thereof not in accordance with the contract
AUGUST 1987