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ST9601-CS000131 (2)January 31,2000 Mr. Robert Caudill TISEO Paving Company, Inc. P.O. Box 270040 Dallas, Texas 75227-0040 Re: Wrangler Drive Project / ST 96-01 (Coppell, Texas) Dear Robert: In response to the discussions at our meeting last Thursday, January 27, 2000, the Wrangler Drive project will be closed-out as follows: 1. Original Contract Time - 300 calendar days 2. Time Charfled to Project - 469 calendar days June 8, 1998 - September 20, 1999 = 469 calendar days 3. Consideration for Time Extensions - 139 calendar days a. Allowance for Suspension of Time Between City's Receipt of Letter from TISEO Requesting a Final Walk-Thru, Until City's Furnishing to TISEO a Final Punch List for Project (July 29, 1999 - August 10, 1999) 13 days b. Allowance for Utility Clearance by GTE & Lone Star Gas - 89 calendar days c. Allowance for Delays in Material Delivery of Concrete Box Culverts - 30 calendar days d. Allowance for Construction of Additional Storm Drainage Work in Phase 1 to Accommodate New Development- 7 calendar days 4. Liquidated Damaqes - $1 {],000.00 469 days (time charged) - 300 days (original contract time) - 139 days (time extensions) = 30 days beyond allowable contract time 30 calendar days x $500.00/day = $15,000.00 As we discussed in our meeting, the majority of the days which have been considered for time extensions were poorly documented by TISEO Paving Company, particularly in terms of TISEO's obligations according to the requirements of the Contract Documents. Mr; Robert Caudill, TISEO Paving Company Wrangler Drive Project January 31,2000 · Page 2 However, the City has chosen a lenient interpretation of those requirements, at this time, as an expression of our desire to be reasonable and to put forth a spirit of cooperation and resolution in this matter. Strict adherence to the conditions of the Agreement, as you know, would result in a significantly higher amount 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, 11-23 & 11-24 as "Work Completed To Date" and find them to be acceptable. Please resubmit this revised Pay Estimate at your earliest possible 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: Q:\proj-r14\cp196164~ocs\corres\letter.tiseo-liquidated damages.doc