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ST0001-CS021105FINAL CONTRACTOR'S AFFIDAVIT STATE OF TEXAS COUNTY OF DALLAS Before me, the undersigned authority, personally appeared Mr. Larry Wapner who, after being duly sworn, deposes and says that: 1. Affiant is the Chief Financial Officer of Infrastucture Services. Inc. hereinafter called "Contractor' and as such makes this affidavit upon personal knowledge. 2. This affidavit is made pursuant to Texas Statutes for the purpose of inducing final payment from to Contractor for work done at : Construction of Creekview Drive Extension and Freeport Parkway pursuant to the contract # and dated # ST 00- 01 3. All laborers, material, and subcontractors who worked for Contractor under said contract have been paid in full, except for those listed below: Infrastructure Services, Inc. Contractor By Pri+Ne: rry Wagner Print Title Chief Financial Officer Address: 711 Rankin Road Houston, Texas 77073 SWORN TO and subscribed before me this 5th day of November 2002 by Lane Wagner (name), as Chief Financial Officer (title) of Infrastructure Services. Inc.. (name of corporation), a Delaware (State) corporation, on behalf of the corporation. He/ Lam Wagner ! is personally known to me, or has produced his Texas (state) drivers license as identification. r•�ir:' PAUTAWMINS MY COMMISSION EXPIRES Mir t, 2M3 n (Si �Yf-\v. LA (Printed Nam NOTARY PUBLIC, STATE OF 0--145 5- 1 -moo :!7 (Commission Expiration Date) STo(-) -U( � services, W E 711 RANKIN ROAD HOUSTON, TX 77073 (281) 233 -8000 FAX (281) 233 -8021 November 5, 2002 Mr. Kenneth M. Griffin, P.E. City of Coppell 255 Parkway PO Box 478 Coppell ,Texas 75019 Dear Mr. Griffin, Please find enclosed executed copies of the change order, as well as an affidavit of final payment. I have been informed that the repairs by Olden to the wall have been completed as well. I hope the repairs are to the City's satisfaction as well as acceptable to Mr. Davis. Once again, I would like to thank you for the professional approach you and the City have taken to resolving these issues, and for the above and beyond manner in which you lived up to your word. In an otherwise tough situation, that is an all too rare bright spot indeed. Sincerely, Timothy H. Herbert v7, , President NOV -20 -2002 06:53PM FROM-ISI Semloess - 1 ON Fax h, To: rL. 4. J . Ce C-• T a, C yep&,.. From b M-e -. Fa>C 1 172 .304-70"1 Pma Phony I Phehe: Number of PageS Including Cover I I O Urgent B For Roview O Please Comment E3 Please Reply CI Please Reowle e Message: + T-427 P.001 F -640 a A A • NOV -20 -2001 06 :53PMI FROM-ISI f LM iliim� services, inc. November 20. 2002 Mr. Kenneth M Griffin. P.E. City of Coppell 255 Parkway PO Box 478 Coppell ,Texas 75019 T -427 P.002 F-640 711 RANKIN ROAD HOUSTON, TX 77073 (281) 233.5000 FAX (281) 233 -8021 Dear Mr. Griffin, p lease endors and subcontractors on C eekview ma regard p ayment of /Freeport. The following s a summary of attached: 1. Rone Engineers - $562.27 paid on 10/31102- Currently neither Houston or our Dallas office has any other outstanding invoices from this subcontractor. I will contact them directly to determine if there is an amount that we do not have in our system. 2. United Rentals - #3,550.01 paid on 10/30/02 — This Included our last invoice of $1000.01 on 9126102 , there have been no signs or barricades on this project after that date. 3. Alliance Trucking — Also on 10/30/02 we paid $3,718.74 — This was our final payment to them for all outstanding invoices in our system. I have checked with Dallas and confirmed that there are no other invoices that they have in that office. 4 Attached are the lien releases and su b contractor checks that were pad to J &J for all work Ren wo k on this project ect S. Concrete Cutting by Bond - $108.25 was paid today -This was an oversight on our part, we cut a manual check today and we are mailing it out in the morning. I have spoken to our administration in Dallas and confirmed that they do not have any outstanding invoices on this project that have not been sent to Houston. I can confirm that the only other outstanding invoices that are in our system are for AFS of $375.00 which is from retainage that will be paid upon final acceptance on this project. Additionally, we have received the final invoice from WIMS Environmental for the hydromulching and grass work that is scheduled to be paid this Friday. This invoice came in after we signed the changeorder. If you have any additional questions or concerns regarding this information , please feel free to contact me at 281 233 - 8089. Sincerely, Andrew Dorwart Division Manager NOV -20 -2002 06:55PM FROM -ISI + T -417 P.006 /011 F -640 $ ELL NUNNAL & MARTIN LLP WRITER'S DIRECT DIAL NO.: 214 - 740.1417 CM/RRR #71 139019844 0575 5479 City of Coppell Street Department Attn: Ken Griffin, P.E., Director of Engineering and Public Works 732 DeForest Road Coppell, Texas 75019 CM/RRR #7160 3901 9844 8618 1006 Infrastructure Services, Inc. Attn: Tim Herbert, President 711 Rankin Rd. Houston, Texas 77078 -4505 ATTORNEYS AND COUNSELORS 1400 ONE WKINNEY PLAZA 9282 McKINNEY AVENUE DALLAS, TEXAS 75204.2429 TELEPHONE (214) 940 -1400 FACSIMILE (214) 740.1409 WRITER'S E -MAIL ADDRESS: randyl ®bellnu nnally.com September 13, 2002 CM/RRR #7160 3901 9844 6180993 Infra Structure Services, Inc. Attn: Dennis Hammock 1306 Layfair Dr. Grand Prairie, Texas 75050 CM/RRR #7160 3901 9844 0575 5462 Infrastructure Services, Inc. Attn: Tim Herbert, President P. 0. Box 73487 Houston, Texas 77273 Re: NationsRent of Texas, Inc. Unpaid Account of J & J Utility Construction Inc. ,Amount Unpaid: $3,648.94 Project: Creekview Drive and Freeport Parkway Project No.: ST 00 -01 Gentlemen: This firm represents NationsRent of Texas, Inc. ( "NationsRenO concerning the above - referenced unpaid account. On behalf of NationsRent, we routinely notify parties if an account is not current in order to preserve NationsRent's lien claim and bond claim rights. As the general contractor of the above - referenced Project, you are hereby notified that NationsRent has provided rental equipment in connection with the Project pursuant to the following unpaid invoices: NOV -20 -2002 06:55PM FROM -ISI + T -427 P.007 /011 F -640 IMIIWJ To be completed by your major material suppliers and submitted with your monthly blllings. (This form may be reproduced If additional copies are required) INFRASTRUCTURE SERVICES, INC. P.O. BOX 496448 GARLAND, TX. 75049 -6448 Gentleman: Please be advised that our company, represented by the undersigned, has supplied the following Material and /or labor to: INMMUCTURE SEWICES, IN% For the project known as: CREEKVIEW DR. A FREEPORT PKWY. COPPELL DESCRIPTION OF MATERIALAND /OR LABOR FURNISHED: UTILITIES TOTALAMOUNT: 56.479.50 All invoices for the above have been paid In full and we hereby release our right to lien on the above named project. This release effecUve to 2.2802 only (bate) j tmuTV CdNSTRVCTION. INC. Narrre of Cornpa"M 2302 GVTHRIE RD. SUIT£ 140 Abbress GARLAND, TX. 7sa43 -s9sr NOV-20 -2002 06:55PM FROM-ISI UNCONDITIONAL LIEN WAIVER T -42T P- 009/011 F -640 To be completed by your major material suppliers and submitted with your monthly billings. (This form may be reproduced if additional copies are required.) INFRASTRUCTURE SERVICES, INC. 1306 LEYEAIR DRIVE GRAND PRAIRIE, TX 75050 Gentlemen: Please be advised that our company, represented by the undersigned, has supplied the following Material and/or labor to: INFRASTRUCTURE SERVICES, INC. For the project known as: COPPELL JOB# 14510007 DESCRIPTION OF MATERIAL AND /OR LABOR FURNISHED: IRRIGATION INVOICES # 002,2010-A, 31220501 TOTAL AMOUNT: $9,305.50 All invoices for the above have been paid in full and we hereby release our right to lien on the above named project. This release effective to 9113/2002 only (date) J & J UTILITIES CONSTRUCTION, INC. Name of Company 1651 EASY ST Address SEAGOVILLE, TX 75169 CONCRETE CUTTING BY BOND P.O. BOX 154017 IRVING, TX 75015 (972) 986 -0013 PHONE (972) 790 -2820 FAX PRIVATE PROPERTY LIEN CLAIM NON - HOMESTEAD SUB - ORIGINAL CONTRACTOR THIRD MONTH NOTICE November 15th, 2002 VIA CERTIFIED MAIL/ RETURN RECEIPT REQUESTED City of Coppell 255 Parkway Blvd PO Box 9478 Coppell, TX 75019 VIA CERTIFIED MAIL/ RETURN RECEIPT REQUESTED Infrastructure Services, Inc 1306 Leyfair Drive Grand Prairie, TX 75050 RE: Royal Lane & Creekview Dear Sir/Madam: CCBB Companies, Inc. d/b /a Concrete Cutting by Bond ( "CCBB ") provided labor and/or materials under a contract to, Infrastructure Services, Inc, the original contractor on the Project. There is a past due balance of $108.25 for the labor and materials furnished on the Project to the original contractor, as are more specifically defined on the attached invoice(s) sent to the original contractor. This claim has accrued under Section 53.053 of the Texas Property Code and/or is past due under the terms of the contract between CCBB and the original contractor. Demand is hereby made under section 53.083 of the Texas Property Code for payment of the amount set above. If this claim remains unpaid, you may be personally liable and your property subjected to a lien unless you withhold payments from the contractor for payment of this claim or unless the claim is otherwise paid or settled. Sincerer 2 James Albright Collections Department (' 1 t. HIGHWAY TECHNOLOGIES, L.P. November 15, 2002 Customer #: 43474 Owner or Reputed Owner: City of Coppell Attn: Engineering Dept. 255 Parkway Blvd. Coppell, Texas 75019 Certified Mail #: 7002 0860 0007 9383 4098 Original Contractor: Infrastructure Service 1306 Leyfair Grand Prairie, Texas 75050 Certified Mail #: 7002 0860 0007 9383 4104 7200 JACK NEWELL BLVD. SO. FORT WORTH, TEXAS 76118 TEL. 817- 595 -8885 FAX 817 -590 -0285 Amount of Claim $ 1,000.01 (see attached Itemized invoice list or invoice copies) Surety: Travelers Casualty & Surety Co. One Tower Square Hartford, CT 06183 -6014 Certified Mail #: 7002 0860 0007 9383 4111 RE: Notice of Claim PROJECT: Creekview / Freeport Bid Job BOND #: Dear Gentleman: We are hereby notifying both of you that our company, United Rentals Highway Technologies, formerly Lectric Lights Co, has a claim in the sum of ONE THOUSAND DOLLARS AND ONE CENT(S) ($1,000.01) for labor performed and/or materials delivered during the month(s) of Aug. /Sept. 2002, on the referenced project. The labor performed and or materials furnished by us are generally described as follows: see attached. Such labor performed and/or materials were furnished to Infrastructure Service pursuant to Dallas County. Attached hereto is our Sworn Statement of Account. Un 7200 Jack Newell Blvd So. 0 Fort Worth, Texas 76118 $�$ Phone (817) 595 -8885 HIGHWAY TECHNOLOGIES, L.P. www.unitedrentals.com STATE OF TEXAS COUNTY OF DALLAS SWORN STATEMENT OF ACCOUNT Before me the undersigned authority of this day personally appeared Ronnie Johnson, who, after being duly sworn did depose and say: My name is Ronnie Johnson, I am the Traffic Safety Manager of United Rentals Highway Technology and am authorized to make this affidavit; Claimant has a claim in the amount of ONE THOUSAND DOLLARS AND ONE CENT(S)$1,000.01) for labor performed and/or materials generally described as follows: see attached. Such labor performed and/or materials were furnished to Infrastructure Service, during the month of Aug. /Sept. 2002. The amount of this claim is just and correct, and all just and lawful offsets, payments and credits known to the undersigned claimant have been allowed. The invoices or statements attached hereto are true and correct copies of the originals of same, which were sent to Infrastructure Service. Ronni Johnson, fic Safety Manager HT 230 United Rental ighway Technologies, L.P. Subscribed and sworn to before me this 15 day of November 2002. \ \ \11 a , CYNTHIA A. MOLLOHAN NOTARY PUBLIC STATE Jr TEXAS ",FCe MY COMM. Ex.. 09-01 -2004 mfg Not Public in and for The State of Texas My Commission expires: United Rentals # 230 Formerly Lectric Lites 7200 Jack Newell Blvd., South Fort Worth, TX 76118 Phone: 817-595-8885 Fax: 817-590-0285 Page 001 of 003 RENTAL INVOICE 8/22/02 1/25/02 1 cc 00 9/21/02 CONTRACT BILLING 1/25/02 1 cc 00 8/22/02 923.79 8' DF T3 EG 1X8" BDS 2 K036 00 8/22/02 3 K036 00 8/22/02 4 K036 00 9/21/02 2 K036 00 9/21/02 2/12/02 3 K036 00 9/21/02 8' DF T3 EG 1X8" BDS 1/25/02 4 KO 3 6 8/22/02 .00 8' DF T3 EG 1X8" BDS 2 .. .... .... .. ............ ........ ..... ...... ............. . SG 8/22/02 .00 D .00 4 ....... ..... . ... ... 86 ........... 9/21/02 30 .00 D 2 ... ......... . .......... ... ... ... ..... ...... .... .... .. 9/21/02 ........ ... ........ .. ....... .. .. 4 P30 66 8/22/02 2/13,/02 2 P300 69 9/21/02 EG 8� OVER LEFT,: . 2/ 12(02 1 0;, 2 P300 69 8/22/02 .00 EG UP . OVER LEFT 2 P300 70 9/21/02 .00 D .00 2 P300 70 CONTRACT BILLING 1/25/02 CONTRACT BILLING 1/25/02 1 30 923.79 M 923.79 8' DF T3 EG 1X8" BDS 1/25/02 STF 8' DF T3 EG IX8" BDS 2/12/02 8' DF T3 EG 1X8" BIDS 2/12/02 8' DF T3 EG 1X8" BDS 1/25/02 2 30 .00 D .00 8' DF T3 EG 1X8" BDS 2/12/02 3 30 .00 D .00 DF T3 EG 1X8" BDS 2/12/02 4 30 .00 D .00 ... ......... . .......... ... ... ... ..... ...... .... .... .. .. .. ... ... ........ ... ........ .. ....... .. .. EG VP & OVER LEFT 2/13,/02 EG 8� OVER LEFT,: . 2/ 12(02 1 0;, 30 .00 D .00 EG UP . OVER LEFT 2/13/02: 4 30 .00 D .00 DETOUR RIGHT 2/12/02 DETOUR RIGHT 2/12/02 2 30 .00 D .00 DETOUR LEFT 2/12/02 DETOUR LEFT 2/12/02 21 30 .00 DI .001 TOTAL: A LARGER FONT COPY OF THE TERMS AND CONDITIONS IS AVAILABLE UPON REQUEST. United Rentals # 230 Formerly Lectric Lites 7200 Jack Newell Blvd., South Fort Worth, TX 76118 Phone: 817-595-8885 Fax: 817-590-0285 Page 002 of 003 RENTAL INVOICE ,.:DATE 0: ANTITY ITEM PRODUCT ON NUMBER De]JPJJ NUMBi* DESCRIPTION ORIGINAL DATE NO UNIT' NO- DAYS NIT: PRICE AMOUNT. . Mdu DAY YR. DEL, R ET. HAND 8/22/02 4 P301 68 EG ROAD CLOSED 2/12/02 9/21/02 4 P301 68 EG ROAD CLOSED 2/12/02 4 30 .00 D .00 8/22/02 1 P48 02 SIGN STAND, WINDMASTER 6/20/02 9/21/02 1 P48 02 SIGN STAND, WINDMASTER 6/20/02 1 30 .00 D OC 8/22/02 6 S530 00 BCADE LEG, 12' 1/25/02 8/22/02 4 5530 00 BCADE LEG, 12' 2/12/02 8/22/02 7 5530 00 BCADE LEG, 12' 2/13/02 9/21/02 6 S530 _ .. _ _ _.,,,,,,,,, 00 BCADE LEG, 12' 1/25/02 6 30 .00 D .00 9/21/02 4 q 19C;& 1'SG J�t.f ...... 2,/1-2 .../d! x;: :30 .00 E .00 9/21/02 7 0.0 baot� 14k T. 3 0 .00 D .00 8/22/02 1 HERO Po I.. ( . MEAD 40:: 05[02' 9/21/02 1 U4 xx 3 HI ROAD WORK AHEAD 48 1/25/0'2: 1 30 .00 D .00 8/22/02 3 U401 04 HI END ROAD WORK 1/25/02 9/21/02 3 U401 04 HI END ROAD WORK 1/25/02 3 30 .00 D .00 8/22/02 2 U800 01 ROLLUP ROAD WORK AHEAD 6/20/02 9/21/02 2 U800 01 ROLLUP ROAD WORK AHEAD 6/20/02 2 30 .00 D .00 THE MERCHANDISE LISTED HERE HAS BEEN PRODUCED RI A00ORDANcF WITH THE FAjA LABOR STANDARDSACT Of 1011 AS AMENDED. TOTAL: TERMS: NET 30 DAYS. This account is sub' i a LAIV CHARGES for Is ts payment. This charge is com puted in an . A . percentage perQtage rate I of I . MI periodia rhobthly due rate of 1 112 on the total post balante over 30 d" event that suit lanec0s6arY to CO MO the socount, it i=1 that purthaSer will W liable, for reasonable attorney eesi as detorfnirlod.. by rite Court. READ BEFORE smfii1v6` The if'di-id.11 signing below W as of an behalf of the Lessee: 1) has read, understand I s, 11 and ag rees to all Of . the t*1 I t 1 9 and 1. condit! ons of th , front . and b ack of thi Ron 1. tal AgreaAgreement, Agreement, including an a g"fna nt th at asses us, from Yability for our negfi,qenea 21 wknowledges receipt of the equipment .:ingood working order and, 3[ is fully familiar mlthfis owationand use,.. X CUSTOMER SIGNATURE DATE NAME PRINTED. DELIVERED sy DATE m �mnucn rumi t,VrT ur Inc ItKfflb AND L;UNUIllUNb IS AVAILABLE UPON REQUEST. United Rentals # 230 Formerly Lectric Lites 7200 Jack Newell Blvd., South Fort Worth, TX 76118 Phone: 817-595-8885 Fax: 817-590-0285 Page 003 of 003 RENTAL INVOICE 8/22/02 2 U800 02 ROLLUP ONE LANE ROAD AHEAD 6/20/02 9/21/02 2 U800 02 ROLLUP ONE LANE ROAD AHEAD 6/20/02 2 30 .00 8/22/02 60 z 00 SANDBAG 1/25/02 8/22/02 16 z 00 SANDBAG 2/12/02 8/22/02 20 Z 00 SANDBAG 2/13/02 8/22/02 10 z 00 SANDBAG 3/13/02 9/21/02 60 Z 00 SANDBAG 1/25/02 60 30 .00 9/21/02 16 Z 00 SANDBAG 2/12/02 16 30 .00 9/21/02 20 Z .... SANDBAG 2/13/02 20 30 .00 9/21/02 10 ............... ........ ............. ............. ............. . ............ ............. ............... .............. .......... .. ... - ... ... a ..... ..... . . -,:. . . ::.' - .. . ,. 3!:/ *..." . ........ xx �1 . 0 .00 ............. .............. .............. ............... ............... ................ ......... - .......... ............... ............... ... ........ .......... .... .... .... ...... ..... ...... ...... ...... ......... . ... ......... . .. . ..... S13bt ota 1 . f TOTAL: 001 00 1 00 923.79 76.22 M L. nucn rum i i urT Ur I Mt I tKMb AMU L;UNUf I TUNS IS AVAILABLE UPON REQUEST.