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ST9601-CS000201 Coppell. Texas 75019 CQPPELL, TEXAS 75019 Febm~y 1, 2~ ~~L~ Mr. Robert Caudill TISEO Pav~g Company, Inc. P.O. Box 270040 Dallas, Texas 75227-0040 Re: Wrangler Drive Project / ST 96-01 (Coppell, Texas) Dear Robert: In response to ~e discussions at our meeting last Thursday, Janu~y 27, 2000, the Wr~gler Drive project will be closed-out as follows: 1. Original Contract Time - 300 calendar days 2. T~e Charged to Project - 469 ~lendar days June 8, 1998 - September 20, 1999 = 469 calend~ days 3. Consideration for Time Extensions - 139 calendar days a. Allowance for Suspension of Time Between Ci~'s Receipt of Letter ~om TISEO Requesting a Final Walk-T~, Until City's Fur~shing to TISEO a Final ~nch List for Project (July 29, 1999 - August 10, 1999) 13 days b. Allowance for Utili~ Clearance by GTE & Lone S~ Gas - 89 calend~ days c. Allowance for Delays in Material Delive~ of Concrete Box Culve~s - 30 calend~ days d. Allow~ce for Construction of Additional Store Dra~age Work ~ Phase 1 to Acco~odate New Development - 7 calend~ days 4. Liquidated Damages - $15,000.00 469 days (t~e charged) - 300 days (original contract t~e) - 139 days (t~e extensiom) = 30 days beyond ~lowable contract t~e 30 calendar days x $5~.~/day = $15,~.~ As was discussed in our meeting, TISEO Paving Comply poorly documented the majori~ of the days that have been considered for t~e extensions, p~ticul~ly ~ tern of TISEO's obligations according to ~e requirements of the contract documents. However, ~e Ci~ has Mr. Robeft CaudilI, TISEO PavingCompany Wrangler Drive Pmje~ Janua~ 31,2000 Page 2 chosen a lenient interpretation of those requirements, as an expression of our desire to be reasonable and to put forth a spirit of cooperation to bring a resolution to this matter. As you know, strict adherence to the conditions of the Agreement could result in a significantly higher mount of liquidated damages. In a related matter, Pay Estimate No. 15 should be revised to reflect the time charged to date and the amount of liquidated damages, as reflected above. We have also reviewed the quantities that you are showing for Pay Items 1-12, 1-13, II-23 & II-24 as "Work Completed To Date" and find them to be acceptable. For the City to final out this project the items mentioned above need to be reflected on your final pay request. Also, a letter of affidavit is needed indicating that all bills have been paid. Please submit this revised Pay Estimate at your earliest convenience for processing and payment. In the meantime, should you have any questions, you can reach me at 972/304-3679. Sincerely, Michael A. Martin, P.E. Assistant City Engineer xc: Ken Griff'm, P.E., Director of Engineering/Public Works Angelo Tiseo, Tiseo Paving fax # 972/216-5637 Claude Odinot, Tiseo Paving fax # 972/216-5637 Mike Jones, P.E., Teague Nail & Perkins fax # 972/251-4348 Bob Hager, City Attorney Jim Ragsdill, Purchasing Agent